Vincent Broach Browne’s Answers

Under the Wrongful Death Act in Illinois, the next-of-kin are entitled to the proceeds of any recovery. Next-of-kin are determined by looking at the laws of intestate succession and who would be entitled to proceeds of the estate had the decedent passed without a will. Once next-of-kin are determined, the court has to determine percentages of dependency of the various next-of-kin based upon the evidence presented.

You may have an uninsured motorist claim if the insurance company for the driver denies coverage. For example, if the driver was using the vehicle without the permission of its owner, coverage may not exist. You would then need to look to your own policy of motor vehicle insurance or any insurance maintained by a member of your household. It can't hurt to contact a lawyer to discuss your options.

Likely not unless he was performing some activity of your behalf and could be construed as acting as your agent.

You can pursue a civil claim against the offender. A practical problem may arise in terms of whether the offender is covered by some form of liability insurance that may cover your damages. Oftentimes, insurance policies exclude coverage for intentional acts. Whoever you hire to represent you should also explore whether the offender was intoxicated and, if so, whether a claim under the Dram Shop Act may exist if the offender had been drinking at a bar prior to the attack.

In addition to the claim against the bar or bars where the driver was drinking, there may be an uninsured or underinsured claim under your son's or your policy of motor vehicle insurance. if the operator of the vehicle was not driving with the permission of the owner, Progressive may deny coverage. You would then need to explore the possibility of an uninsured claim. It could not hurt to notify the insurance company that insures your motor vehicles of the incident. I would avoid signing...

Who is ultimately at fault (it could be more than one driver) will depend on the versions given by each driver, any eyewitness statements and the timing of the signals at the intersection. In most states, a left turning vehicle has an obligation to yield to oncoming traffic. On the other hand, the oncoming vehicle likely had an obligation to reduce speed as he approached the intersection, to keep a proper lookout and to stop for a red light. If not done already, the incident should be...