When a loved one dies because of someone else’s negligence or wrongful actions, the emotional and financial impact can be overwhelming. In Illinois, wrongful death laws allow certain family members to pursue compensation and accountability. Although no amount of money can replace your loss, a legal claim can help relieve some of the burdens you face in the aftermath.
Who Can File a Wrongful Death Claim in Illinois?
Under Illinois law, the personal representative of the deceased person’s estate must file the wrongful death lawsuit. This person is either named in the deceased’s will or appointed by the court if there is no will.
While the personal representative files the case, damages are sought on behalf of surviving family members, which may include:
- The spouse
- Children (including adopted children)
- Parents (in cases where a child has died)
- Other next of kin, depending on the situation
What Constitutes a Wrongful Death?
A wrongful death occurs when someone dies due to the negligent, intentional, or wrongful act of another person or entity. Examples include:
- Fatal car or truck accidents
- Medical malpractice
- Defective products
- Dangerous property conditions
- Criminal acts or violence
- Workplace accidents involving third-party negligence
If the deceased could have pursued a personal injury claim had they survived, their estate and family members may file a wrongful death claim.
What Damages Can Be Recovered?
Illinois allows families to seek compensatory damages in wrongful death claims. These include:
- Medical expenses related to the final injury
- Funeral and burial costs
- Loss of financial support
- Loss of companionship, guidance, and consortium
- Grief and mental suffering of the surviving spouse and next of kin
In some cases, punitive damages may be awarded if the at-fault party acted with extreme negligence or misconduct, although this is rare in wrongful death cases in Illinois.
Statute of Limitations for Wrongful Death Claims in Illinois
In most cases, wrongful death claims in Illinois must be filed within two years of the date of death. However, this period may be extended if the death was caused by violent intentional conduct, such as murder or manslaughter, in which case the timeline could be longer.
Failing to file within the deadline can prevent your family from recovering compensation, so speak with a lawyer promptly.
Wrongful Death From Car Accidents in Illinois
Auto accidents are one of the most common sources of wrongful death in the state. If your loved one died in a crash caused by another driver’s negligence—such as distracted driving, DUI, or speeding—you may have grounds for a wrongful death lawsuit.
In multi-vehicle collisions, commercial trucking cases, or defective road or vehicle claims, multiple parties may be held liable.
Work-Related Deaths and Third-Party Liability
Illinois offers workers’ compensation death benefits for surviving dependents of someone who dies on the job. However, if a third party—like a subcontractor, equipment provider, or negligent driver—was involved, your family may be able to file a separate wrongful death lawsuit.
This third-party claim can provide additional compensation beyond what workers’ comp offers.
Frequently Asked Questions About Wrongful Death in Illinois
Can siblings recover damages?
Siblings are not first in line to recover damages unless there is no surviving spouse, child, or parent. Illinois law prioritizes close dependents such as the spouse, children, and parents.
What if the responsible party is a business?
Businesses and corporations can be held liable for wrongful death if their employee or policies contributed to the fatal incident. Examples include medical facilities, trucking companies, and manufacturers.
How are damages distributed?
The court determines how damages are allocated among the surviving spouse and next of kin, based on their individual losses. If no agreement is reached, the court decides a fair distribution.
Can emotional pain and suffering be claimed?
Yes. Illinois allows recovery for grief, sorrow, and mental suffering experienced by the spouse and next of kin as part of non-economic damages.
Speak With a Wrongful Death Attorney in Illinois
If you’ve lost someone due to another person’s carelessness or wrongdoing, a wrongful death attorney in Illinois can help you pursue justice. From gathering evidence to handling legal filings, your attorney can guide your family through every step. Don’t delay—reach out for a consultation and take action today.