Ten Things to Know About Wrongful Death in Illinois

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Almost every day we speak to someone looking to bring an Illinois wrongful death lawsuit. The right lawyer for your case depends on the case facts. Here are ten other things that are helpful to know about Illinois wrongful death law.

1. Wrongful Death Means a Death Caused by Negligence or Misconduct
   Under Illinois law, a wrongful death occurs when someone dies because of another person’s negligent, reckless, or intentional actions. Examples include fatal car accidents, medical malpractice, or defective products.
2. Illinois Has a Specific Wrongful Death Act
   The Illinois Wrongful Death Act governs these cases, allowing certain family members to recover financial compensation when a loved one’s death was caused by another party’s fault.
3. Only Certain People Can Benefit From A Lawsuit
   The compensation is for the benefit of the surviving spouse and next of kin (i.e., children, then parents, then siblings). You can’t personally benefit if it’s a fiancé or dating partner that passes.
4. Damages Go to Family Members, Not the Estate
   Wrongful death damages compensate the family for losses like lost income, loss of companionship, and emotional suffering. The compensation is not used to cover the deceased’s debts or obligations.
5. The Statute of Limitations Is Short
   In Illinois, most wrongful death claims must be filed within two years of the death. Waiting too long can permanently bar your claim. It can be hard to deal with when you are grieving, but someone needs to act fast.
6. Evidence Can Disappear Quickly
   Witness statements fade, accident scenes change, and key documents can be lost. Early legal action helps preserve the proof you need to win. For example, if your spouse was killed in a semi truck accident, a quick court order can make sure that the truck computer is not erased or discarded.
7. Insurance Companies Will Fight Hard
   Wrongful death claims often involve significant payouts, so insurance companies may try to deny fault, reduce damages, or push for a quick, low settlement. It’s one of the biggest reasons to get an attorney.
8. Settlements Are Common, But Trials Happen
   Many cases settle out of court, but some go to trial if liability or damages are disputed. Your lawyer will advise you on the best course of action. Do not hire a law firm that does not have a track record of taking cases to trial. In fact, if your lawyer has a track record of winning trials that actually increases the chances of getting a good settlement.
9. Compensation Can Be Significant
   Damages may include lost wages the deceased would have earned, funeral costs, loss of companionship, and grief and emotional distress for surviving family members. Depending on who the defendant is and what insurance is available, cases can be worth many millions of dollars. Every case is different though.
10. Wrongful Death Lawyers Work On A Contingency Basis
    That means there is no up front fee to you and that they only get paid if the case is successful. Not being able to afford an attorney is not an issue in these claims.