Wrongful Death Lawsuits In Illinois

Losing a loved one due to someone else’s negligence or misconduct is devastating. Along with grief comes confusion, unanswered questions, and the need for justice. If you’re searching for answers about how a wrongful death lawsuit in Illinois works, this guide covers everything you need to know.

At IllinoisLawyers.com, we have helped thousands of people find the best wrongful death lawyer since 2001. We will recommend the right attorney for your case and answer any questions you may have. Contact Illinois Lawyers today at 312-346-5320 or 800-517-1614 to speak with an experienced wrongful death attorney in Illinois for FREE.

Key Takeaways

• A wrongful death lawsuit in Illinois is a civil claim filed by a deceased person’s family to seek financial compensation when the negligence or intentional actions of another party caused their death.
  
  
• The estate’s personal representative must file wrongful death claims.
  
  
• The Illinois wrongful death statute of limitations is 2 years from the date of death. Some exceptions may apply for violent crimes and minors.
  
  
• Families may also file under the Illinois Survival Act for the victim’s own suffering before death.
  
  
• IllinoisLawyers.com connects families to the best wrongful death attorneys Illinois offers for free.
  
  

What Is a Wrongful Death Lawsuit in Illinois?

A wrongful death is a death that is caused by the negligence or misconduct of an individual or company. A wrongful death lawsuit is a claim for damages that stem from the conduct, action, or inaction by another party, which caused the decedent’s wrongful death. It seeks financial accountability rather than imprisonment.

These types of Illinois wrongful death cases often arise from:

• Medical mistakes, surgical errors, or medical malpractice
   
• Criminal attacks
  
  
• Nursing home neglect or abuse
  
  
• Car, truck, motorcycle, or airplane accidents
  
  
• Work-related exposure to dangerous conditions, substances, or defective products
  
  

Wrongful Death vs. Survival Act in Illinois

Illinois law recognizes two main paths to compensation — the Illinois Wrongful Death Act and the Illinois Survival Act — which together allow families to recover both the victim’s damages and their own emotional and financial losses. 

While both laws apply after a fatal injury, they serve different purposes:

Law	Purpose	Who Receives the Compensation
Illinois Wrongful Death Act (740 ILCS 180/1)	Compensates surviving family members for their loss	Spouse, children, and next of kin
Illinois Survival Act	Compensates for the pain, suffering, and damages the deceased experienced before death	Paid to the deceased’s estate

 

Who Can File a Wrongful Death Lawsuit in Illinois? 

Illinois wrongful death cases are usually brought on behalf of the deceased by their surviving spouse, child, or parent. In Illinois, only the personal representative of the deceased person’s estate can file a wrongful death lawsuit.

• If the person left a will, the representative is named in that document.
  
  
• If there’s no will, the probate court appoints someone — usually a spouse or adult child — to represent the estate.
  
  

Damages You Can Recover in a Wrongful Death Case

When determining damages, the court considers the loss of the decedent’s future earnings and financial support, based on their income and life expectancy. Punitive damages may also apply in Illinois wrongful death cases and the Survival Act.

There’s no fixed formula for a wrongful death case’s value — each one depends on evidence, expert testimony, and potential defenses. 

Common damages families may recover compensation for include:

• Funeral and burial expenses
  
  
• Medical costs related to the fatal injury or illness
  
  
• Loss of the deceased’s future income and financial support
  
  
• Loss of companionship, affection, and consortium
  
  
• Loss of parental guidance and instruction
  
  
• Grief, sorrow, and mental suffering
  
  

How Wrongful Death Damages Are Distributed

Damages from a wrongful death lawsuit are divided among surviving family members. If everyone agrees, the distribution can be settled privately. If not, the court will determine each person’s share based on the extent of their financial dependence on the deceased. When minors or legally disabled individuals receive more than $5,000, the funds must be managed in a probate-supervised custodial account to ensure long-term protection.

Illinois Wrongful Death Statute of Limitations

Illinois law sets strict filing deadlines:

• Standard rule: You have two years from the date of death to file a wrongful death lawsuit.
  
  
• Violent or intentional deaths: You may have up to five years, or one year after the related criminal case ends.
  
  
• Minors and special circumstances: The timeline may be extended for children or individuals unable to file within two years.
  
  

If you think you have a case, act on it ASAP, even if you are grieving. Once the wrongful death statute of limitations has passed, the case is gone forever. If you’re unsure whether you still have time, call (312) 346-5320 for free legal guidance from an experienced wrongful death attorney in Chicago IL.

How to Prove a Wrongful Death Lawsuit in Illinois

To succeed in a wrongful death lawsuit in Illinois, your attorney must prove that:

1. The defendant acted negligently, wrongfully, or intentionally.
   
   
2. That act directly caused the person’s death.
   
   
3. Family members suffered measurable financial or emotional losses as a result.
   
   

Evidence often includes medical records, accident reports, witness testimony, and expert opinions on lost income or life expectancy.

Choosing the Right Wrongful Death Attorney in Illinois

For a wrongful death lawsuit, you should choose an Illinois or Chicago wrongful death lawyer who focuses their practice on catastrophic injury cases. It’s not mandatory to do so, but it truly gives you the best chances of a good result. It’s no coincidence that year after year, the same firms have most of the top 50 highest trial results. Those firms have the track records to win.

Additionally, you should make sure the wrongful death lawyer accepts your case on a contingency fee basis, meaning you are not required to pay the attorney’s fees until you recover against the party you are suing. If there is no recovery in your case, you do not have to pay any attorney’s fees. If you do recover against the other party, your lawyer will charge you a certain percentage of what you recover as their fee.

How Illinois Lawyers Can Help

At IllinoisLawyers.com, we do more than just explain your legal rights. We take the time to listen to your story, understand your circumstances, and personally match you with the best wrongful death attorneys Illinois offers, who have successfully handled cases like yours — at no cost to you.

Families trust us because:

• We’ve helped Illinois residents since 2001.
  
  
• We offer real legal guidance from actual Illinois attorneys, not a call center or referral directory
  
  
• Our network includes top-rated trial lawyers with record verdicts in wrongful death cases.
  
  
• No upfront fees: You pay only if your lawyer wins.
  
  
• 100% confidential consultations.
  
  

Contact Illinois Lawyers Today for a Free Consultation

If you’ve lost a loved one due to negligence, you don’t have to face the legal process alone. IllinoisLawyers.com is here to guide you every step of the way, with compassion and experience. 

Call us anytime at (312) 346-5320 or (800) 517-1614 for a free, confidential consultation — no appointment needed.