According to a report from WGN TV, the parents of a toddler who was killed in a tragic motor vehicle collision in Illinois have filed a wrongful death lawsuit. The family is seeking justice. The fatal crash happened when a woman drove her car into the front of a restaurant. Fourteen other people were injured in the crash, with some of those injuries being very serious. Here, our Chicago wrongful death attorney explains what we know about this case and the law.
A Two-Year-Old Was Killed in a Terrible Crash in Illinois
The parents of two-year-old Finnegan McKee, the victim of a car crash, have filed a wrongful death lawsuit against the restaurant chain. The young boy was killed when a vehicle collided with the Portillo’s restaurant in Oswego, Illinois in July. Schyler and Christina McKee say they hope legal action will prevent future tragedies. They note that safety barriers could have saved their son’s life at the Kane County chain restaurant.
The crash occurred at approximately 1:55 p.m. at the Portillo’s location on 2810 Route 34. As confirmed by local law enforcement, a gold-colored 2011 Lincoln MKZ, which was being driven by a 50-year-old woman, plowed through the restaurant’s front entrance. A total of 14 people were injured in the incident. Of those, eight were hospitalized. Tragically, young Finnegan McKee was fatally harmed in the wreck.
Notably, the Illinois wrongful death attorneys that are representing the family argue that Portillo’s knew about similar past incidents yet failed to install protective measures such as bollards near entrances. This is despite the chain restaurant using bollards in other areas, including around the drive-thru. Local police continue to investigate, with no charges filed against the driver at this time. Early findings indicate the crash was accidental. Further, the authorities have not yet determined whether any charges will be filed. The Oswego Police Department and a Traffic Reconstruction Office are still conducting a more comprehensive investigation of the deadly collision.
Businesses and Property Owners May Be Liable for a Wrongful Death
In Illinois, businesses and property owners have a legal duty to keep their premises reasonably safe for customers, visitors, and other lawful guests. The duty falls under premises liability law. It is an area of law that holds businesses and property owners accountable when unsafe conditions lead to serious injuries or deaths. If a preventable hazard exists (such as poor property maintenance or inadequate security) the business or property owner may be legally responsible.
When a wrongful death occurs on a property, the victim’s family may pursue compensation through a wrongful death lawsuit. Under the Illinois Wrongful Death Act (740 ILCS 180/1), surviving family members can recover damages for losses such as funeral expenses, lost financial support, and the emotional suffering caused by the death. To succeed, plaintiffs must show that the property owner failed to meet their duty of care and that this failure was a direct cause of the fatal incident.
Parents Can Bring a Claim for a Child’s Fatal Accident
The loss of a child to a fatal accident is a horrible, heartbreaking, and unspeakable tragedy. There is nothing that will ever truly be enough to make things right. Still, a civil wrongful death claim is an important step to seek justice. Illinois law gives parents the right to pursue a wrongful death claim if their child is killed in an accident caused by negligence or misconduct. These claims are brought under the Illinois Wrongful Death Act. They allow parents to seek compensation for funeral and burial costs, loss of society, and the profound emotional harm of losing a child. A Chicago wrongful death attorney for parents can help.
Every Fatal Accident in Chicago Requires a Thorough Investigation
Wrongful death cases are highly fact-specific. Whether or not a business or property owner is liable for a death caused by an accident will depend on a wide range of different factors. In Illinois, courts often examine whether the harm was foreseeable and whether reasonable safety measures could have prevented it. In practice, businesses that neglect safety standards risk both tragic outcomes and substantial legal liability. Families have the right to hold them accountable. Our Chicago wrongful death attorneys will thoroughly investigate a fatal accident to help you and your family gather and secure all of the evidence that you need to prove fault and establish liability.
What is the Wrongful Death Statute of Limitations in Illinois?
In Illinois, the statute of limitations for a wrongful death lawsuit is generally two years from the date of the person’s death. This deadline is set by the Illinois Wrongful Death Act (740 ILCS 180/2). If the claim is not filed within that time, the court will usually dismiss the case. In other words, the family will lose the right to recover damages through a civil wrongful death lawsuit. Do not fall behind in the claims process: Speak to a Chicago wrongful death lawyer right away.
How Our Chicago Wrongful Death Lawyer for Families Can Help
The loss of a loved one to a fatal accident is a horrible tragedy. Grieving families deserve justice and the maximum available financial support. At Kennedy Watkins LLC, our Chicago attorneys have a proven record of verdicts and settlements in wrongful death claims. We are prepared to take your family’s case as far as it needs to go to get justice. Do not go up against a big insurance company alone. Our Chicago wrongful death lawyer will review your case for free during a confidential and no obligation initial consultation.
Contact Our Chicago Wrongful Death Attorney for a Free Case Review
At Kennedy Watkins LLC, our Chicago wrongful death lawyer is a compassionate advocate for grieving families. If your loved one was killed in a motor vehicle crash, we can help. Get in touch with us today for a free, completely confidential consultation. Our firm believes that families deserve personalized guidance and support. With an office in Chicago, we fight for justice for grieving families in Cook County and throughout all of Northern Illinois.