What To Do After Losing a Loved One In A Head-On Accident

Losing a family member in a head-on collision is one of the most sudden and devastating experiences possible. Head-on crashes are disproportionately deadly, and the shock of the moment is often followed by practical, legal, and emotional questions that must be answered while you’re grieving. In this blog, we walk you through immediate steps to take after the fatal car accident, legal and financial actions to take, what evidence to preserve, where to get official documents, and how an Illinois wrongful death attorney can help.

“No family should have to go through the legal maze after losing someone in a head-on collision. At John J. Malm & Associates, we guide grieving families through each step, from collecting evidence and obtaining documents to holding the at-fault parties accountable, so they can focus on healing while we handle the legal work.” — John J. Malm, Naperville wrongful death lawyer

How Common and Deadly are Head-On Crashes?

According to IIHS, in 2023, there were roughly 40,900 people killed on U.S. roads, a modest decline from prior years, but still a very high toll. Not all crash types are equal. National data show that collisions listed as “head-on” or “wrong-way” account for a meaningful share of fatal crashes (data sources break down by crash type; for example, Insurance Information Institute and other traffic-safety summaries document thousands of fatal head-on crashes in recent years). Head-on and wrong-way crashes are especially lethal: wrong-way crashes, which often lead to head-on impacts at highway speeds, account for a disproportionate share of fatal crashes.

In Illinois in 2023 there were 1,240 documented roadway deaths statewide as published by the Illinois Department of Transportation.

First 24–72 Hours: Immediate Steps

In the shock that follows, having a short checklist helps. If you were not at the scene, ask whoever was (family, friends, first responders) to confirm these items:

Make sure immediate needs are met: funeral arrangements, notifying close family members, and obtaining the name and badge/incident number of the police agency that investigated the crash.
Ask for the police crash report number and the investigating agency contact. You’ll need this to request the official crash report later. (In Illinois you can request crash reports from the Illinois State Police or the local agency that handled the crash; some reports are available online for a nominal fee.)
Obtain certified copies of the death certificate as soon as practical. You will need several certified copies for insurance claims, settling estates, and legal actions. In Illinois the Division of Vital Records (IDPH) and county clerks can help; online ordering through VitalChek is commonly used. Expect processing times for some requests.
Preserve anything you have from the scene: photos, text messages from the other driver, witnesses’ names and contact info, and any surveillance footage you or others may have captured. These items can be critical to prove fault.

Documentation and Evidence You Should Gather

A successful legal or insurance response depends on documentation:

Police/crash report (official investigating agency). If the report is handled by Illinois State Police, you can order it online; if by a local agency, contact that department.
Certified death certificate(s). Order multiple certified copies.
Medical records and bills from the decedent’s final hospital stay (if applicable).
Photographs and video of the crash scene, vehicles, and injuries.
Witness statements and contact information.
Any available surveillance or dash-cam footage.
Insurance policy information for the decedent and any other involved vehicles (liability, uninsured/underinsured motorist coverage).

Keep digital backups and a physical folder. Document dates when you requested documents or spoke to agencies, that timeline will matter later.

Legal and Financial Steps to Take

Notify relevant insurers (your family’s and, if known, the at-fault driver’s) about the death. Insurance companies will open claims and begin investigations.
Do not sign legal releases or settlement papers without talking to an experienced wrongful death attorney. Insurance companies sometimes push quick releases; signing may forfeit your rights to seek compensation for funeral costs, lost financial support, and other recoverable damages. (This is a frequent and important pitfall, get legal advice first.)
Understand timing: under Illinois law the statute of limitations for wrongful-death claims is generally two years from the date of death (there are limited exceptions), so don’t delay consulting with a lawyer. Missing the deadline can bar your case.
Identify possible claims: a wrongful death claim under the Illinois Wrongful Death Act may allow recovery for pecuniary losses, grief and mental suffering, and reasonable funeral and burial expenses. The Survival Act may also allow a separate claim for the decedent’s estate in some situations.

If the crash involved a commercial vehicle, impaired or distracted driving, or a wrong-way driver, the available damages and legal strategies can be more complex, early attorney involvement helps preserve evidence and build a stronger case.

What Kinds of Compensation are Commonly Sought in Wrongful Death Cases?

Funeral and burial expenses (recoverable under Illinois law).
Economic losses (lost wages/support the decedent would have provided).
Loss of companionship and mental anguish (non-economic damages).
Medical bills related to the crash and the decedent’s final care.
In limited circumstances, punitive damages (if the conduct was willful or egregious).

A qualified wrongful death attorney can explain which damages are realistic in your situation and who is eligible to bring claims on behalf of the survivors.

What to Expect Working with an Illinois Wrongful Death Attorney

An experienced wrongful death lawyer will typically:

Obtain and preserve evidence (police reports, vehicle data, surveillance).
Hire investigators and accident reconstruction experts if needed.
Handle communications with insurers and opposing counsel.
File suit (if necessary) and navigate pretrial settlement negotiations or trial.

Questions to ask when you meet a lawyer:

How many wrongful death cases have you handled and what were the outcomes?
How will you communicate with our family, and who will be our main contact?
What are your fees and how are costs advanced?
What deadlines apply in our case?

Early consultation is important. Attorneys can issue subpoenas, preserve evidence, and take steps that family members cannot.

Emotional and Practical Support Resources

Grief counseling and support groups (many hospitals and community centers offer bereavement services).
Employee assistance programs and union resources for funeral-benefit guidance.
Social Security and veterans’ survivors’ benefits (if applicable). Contact the relevant federal agencies promptly.
Faith-based and community organizations often provide meals, memorial help, and emotional support.

Don’t underestimate the value of leaning on trusted family, friends, and professional counselors during this time.

Frequently Asked Questions About Fatal Car Accidents

Q: Who can file a wrongful death lawsuit in Illinois?
A: Typically the decedent’s spouse, children, or next of kin may bring a wrongful death action under the Illinois Wrongful Death Act. The laws also allow for the decedent’s estate to bring related claims under the Survival Act. Consult an attorney to determine the proper parties and timing.

Q: How long do we have to file a claim?
A: In Illinois, the general statute of limitations for wrongful death actions is two years from the date of death, though there are exceptions (e.g., certain tolling rules). You should consult a lawyer promptly to protect your rights.

Q: Are funeral expenses recoverable?
A: Yes, reasonable funeral and burial expenses can be recovered in an Illinois wrongful death claim. Your attorney will help document and present these costs for recovery.

Q: What if the at-fault driver had no insurance?
A: If the at-fault driver is uninsured or underinsured, your family may have options through the decedent’s own uninsured/underinsured motorist (UM/UIM) coverage or other sources. An attorney can evaluate insurance coverage and alternative recovery paths.

Q: Should we talk to the other driver’s insurer?
A: You should notify all involved insurers that a death occurred, but avoid giving recorded statements or signing releases before speaking with counsel. Insurers may seek early statements that limit later recovery.

Contact the 5-Star Rated Illinois Fatal Car Accident Lawyers at John J. Malm & Associates

Grief and legal deadlines are a painful and confusing mix. You deserve time to mourn, but there are immediate steps that protect your family’s legal and financial rights, such as obtaining certified death certificates, getting the official crash report, preserving evidence, and speaking with an experienced Illinois fatal accident attorney. Doing those things early preserves your options and helps ensure you can pursue fair compensation for funeral costs, lost support, and other damages.

Losing a loved one in a head-on accident is an unimaginable tragedy, and no amount of money can replace the person you’ve lost. But pursuing a wrongful death claim can provide accountability, financial security, and a sense of justice for your family. At John J. Malm & Associates, we have the experience and compassion to guide you through every step of this difficult process. If your family has suffered the loss of a loved one in a head-on collision, don’t wait to learn your rights. Call us today for a free, confidential consultation. Let us handle the legal burdens while you focus on healing.