Losing a family member because of another person's carelessness is devastating, and financial worries only add to the burden. Illinois law lets certain family members seek compensation through a wrongful death claim. Stavros Law Offices can explain your options and deadlines in a free consultation. Our attorneys are both former Lake County Assistant State's Attorneys, with about 20 and 15+ years of experience. See our attorney profiles to learn more.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil action based on a death caused by another party's wrongful act, neglect or default. Examples include car, truck and motorcycle crashes, unsafe property, nursing home neglect, medical negligence and construction accidents. A civil case is separate from any criminal case, which is brought by the State.
Who Can Bring a Claim?
Under the Illinois Wrongful Death Act, the action is brought by the personal representative of the person who died, such as the executor or an administrator appointed by the court. Any amount recovered is for the benefit of the surviving spouse and next of kin. A judge decides how it is divided, based on each person's dependency on the person who died.
What Compensation May Be Available?
The Act allows damages that a jury considers fair and just for the pecuniary injuries caused by the death. The statute expressly includes damages for grief, sorrow and mental suffering and, under amendments effective August 11, 2023, punitive damages when applicable. Punitive damages are not available in claims for healing art malpractice or legal malpractice, or against governmental entities. The estate may also bring a separate claim under the Survival Act for the person's own losses before death, such as medical expenses. Every case is different and no outcome is guaranteed.
Deadlines
Most wrongful death actions in Illinois must be filed within two years after the death. There are exceptions. If the death resulted from violent intentional conduct, the period is five years. For certain crimes, such as murder, involuntary manslaughter or reckless homicide, a claim can be brought within one year after the criminal case ends. These extensions apply only to the person who committed the act. Claims against a city, village or other local public entity generally have a one-year deadline, and claims involving medical care have their own rules. Because the rules are complex, call early.
Types of Cases We Review
We review fatal injuries from car accidents, truck accidents, motorcycle crashes, unsafe property, construction sites, nursing home neglect and medical malpractice. See our personal injury hub. Our consultations are free, and there is no attorney fee unless we recover compensation.
Frequently Asked Questions
Who can file a wrongful death lawsuit in Illinois?
The lawsuit is filed by the personal representative of the estate. Any recovery goes to the surviving spouse and next of kin, divided by the court based on dependency.
How long do I have to file a wrongful death claim in Illinois?
Generally two years from the date of death. Longer periods apply in limited situations, such as violent intentional conduct, and a one-year deadline can apply for claims against local government.
What damages can be recovered?
The Act allows damages for pecuniary losses, including grief, sorrow and mental suffering, plus punitive damages when applicable under the 2023 amendments. A separate Survival Act claim may cover the person's own losses before death.
Is a wrongful death case the same as a criminal case?
No. A criminal case is brought by the State to punish a crime, and a wrongful death case is a civil case seeking compensation. One can proceed without the other.
Talk to Our Team
Call (847) 520-4810 (our phone line is available 24/7) or request a free consultation online. Our office is at 433 N. Milwaukee Ave, Wheeling, IL 60090, open Monday–Friday 9–5 and closed Saturday. Bilingual staff can assist; se habla español.
This page is general information about Illinois law, not legal advice, and reading it does not create an attorney-client relationship. Every case is different, no lawyer can guarantee a result, and past results do not predict future outcomes.