FAQs About Wrongful Death Lawsuits in Illinois

 Posted on May 15, 2026 in Wrongful Death

Losing a family member is always heartbreaking, even when the loss is expected. When a death is caused by someone else's negligence, grief is often made worse by a sense that justice has not been served. According to the CDC, Illinois recorded 6,337 deaths from unintentional injuries in 2024. Many of those deaths involved situations that may lead to wrongful death claims, including vehicle crashes, unsafe property conditions, medical mistakes, and defective products. If you lost someone in 2026 and believe another party was at fault, a North Shore, IL wrongful death attorney can help you understand your options.

What Does Illinois Law Define as a Wrongful Death?

Under the Illinois Wrongful Death Act, 740 ILCS 180, wrongful death is defined as one caused by a "wrongful act, neglect, or default." One way to understand this is to consider whether the victim, had they survived, would have been able to pursue a personal injury claim against the at-fault party. If so, a wrongful death claim likely exists. The law holds the same party liable for the death that would have been liable for the injuries had the victim lived.

Who Has the Legal Right to File a Wrongful Death Claim in Illinois?

In Illinois, a wrongful death lawsuit is usually filed by the personal representative of the person who died. That representative files the case for the benefit of the surviving spouse and next of kin, such as children or other close family members who may be entitled to recover.

If the deceased person had a will, the will may name a representative. If there is no will or no estate has been opened, the court can appoint a representative or special administrator to bring the case. Family members may receive compensation, but they usually do not file the lawsuit in their own names unless they are serving as the court-appointed representative of the estate. Speaking with a wrongful death lawyer early helps your family understand exactly where it stands and avoid missing important deadlines.

What Types of Fatal Accidents Can Lead to a Wrongful Death Claim in Illinois?

Many different types of accidents and incidents can form the basis of a wrongful death claim. These include:

• Car accidents
• Truck accidents
• Motorcycle accidents
• Pedestrian and bicycle accidents
• Premises liability accidents
• Defective or dangerous products
• Medical malpractice
• Intentional harm

Illinois law does not limit wrongful death claims to any single type of incident. What matters is whether the death resulted from another party's wrongful conduct, not where or how it happened.

What Is the Illinois Survival Act, and How Does It Work Alongside a Wrongful Death Claim?

Illinois provides two separate legal paths after a fatal accident, and both may apply to the same case. A wrongful death claim compensates the surviving family members for their own losses, such as grief, lost financial support, and loss of companionship. The Illinois Survival Act, 755 ILCS 5/27-6, allows the deceased person's estate to pursue the claims the victim would have had the right to make if they had survived.

The Survival Act covers what happened to the victim before they died. The damages available under it include medical bills incurred after the injury, lost wages the victim would have earned during recovery, and compensation for the pain and suffering the victim experienced before death. These can include medical bills, lost income between the injury and death, and compensation for the pain and suffering the victim experienced before passing away.

Because these two laws address different types of losses, both claims can often be filed at the same time. In cases where the victim survived for a period before dying, filing under both laws can make a significant difference in the total compensation a family recovers.

What Damages Can Survivors Recover in an Illinois Wrongful Death Action?

The damages available in a wrongful death claim depend on the facts of the case. Generally, survivors may be able to recover compensation for:

• The lost wages and financial support the victim would have provided had they lived
• The loss of love, guidance, and companionship that the victim gave to family members
• The grief, sorrow, and mental suffering caused by the death
• Funeral and burial expenses, depending on the facts of the case

In some cases involving serious misconduct, punitive damages may also be available. However, Illinois law does not allow punitive damages in certain cases, including medical malpractice, legal malpractice, and claims against the State or local government.

How Long Does an Illinois Family Have to File a Wrongful Death Lawsuit?

In most Illinois wrongful death cases, the lawsuit must be filed within two years of the victim's death. Some exceptions can change that deadline, including cases involving certain criminal acts or delayed discovery of the cause of death.

Waiting too long means losing the right to seek compensation entirely. Getting legal advice early gives your family the best chance to preserve evidence, identify all liable parties, and protect your rights under Illinois law.

Contact a Cook County, IL Wrongful Death Attorney for a Free Consultation

At Gruzmark Law, Ltd., we understand that no amount of financial compensation will replace your loved one, but your family deserves financial justice for your loss. Our Glenview, IL fatal accident lawyers offer free consultations and are here to guide you every step of the way. We are also proud to serve clients in Russian and Mongolian, so language is never a barrier to getting help. Call 847-729-7660 today to speak with one of our dedicated attorneys.