What Is the Difference Between a Wrongful Death Claim and a Survival Action in Illinois?

 Posted on July 14, 2026 in Wrongful Death

Illinois gives grieving families two different legal tools: a wrongful death claim and a survival action. These claims cover different types of losses, and each one plays a separate role in a family's case. A wrongful death claim looks at what the family lost after their loved one died, while a survival action looks at what the deceased person went through before death. Both claims can sometimes come from the same accident. 

If you lost a loved one in 2026, a North Shore, IL wrongful death attorney can help you pursue compensation.

What Does an Illinois Wrongful Death Claim Cover?

The Illinois Wrongful Death Act, 740 ILCS 180, lets certain family members recover money when a person dies because of another party's wrongful act, neglect, or default. This claim looks at losses the family faces going forward. The losses can include lost income the person would have earned and the loss of that person's guidance and companionship. The personal representative of the estate files the wrongful death claim for the family.

Funeral and burial costs can add to the financial strain after a loved one's death. In Illinois, those expenses may also be recoverable under Illinois law, depending on the circumstances of the case. According to the National Funeral Directors Association, the median cost of a funeral with viewing and burial reached $8,300 in 2023. That added expense can make an already difficult time even harder for grieving families.

What Can a Family Recover Through an Illinois Survival Action?

A survival action works differently. Under the Illinois Survival Act, 755 ILCS 5/27-6, a deceased person's estate may bring the injury claim that person could have filed while still alive. This can include medical bills from the injury until the death, lost wages from that same time, and pain and suffering the person felt before dying.

In some cases, the estate can also seek punitive damages if the at-fault party acted intentionally or with reckless disregard for other people's safety. Pain and suffering damages require evidence that the person was conscious and experienced pain before death.

Who Receives the Compensation From a Wrongful Death Claim or a Survival Action?

The biggest practical difference between a wrongful death claim and a survival action is where the money ends up. Wrongful death compensation is awarded for the benefit of the surviving spouse and next of kin. The court distributes the recovery among the surviving spouse and next of kin in proportions it considers fair based on their respective losses. 

Survival action compensation goes instead to the deceased person's estate, where it is distributed according to that person's will or Illinois inheritance law. This distinction also affects how the money can be used. 

Money from a wrongful death claim is set aside for the family and cannot be used to pay the deceased person's old debts. Survival action money becomes part of the general estate instead. From there, a probate court, the court that oversees how a deceased person's property gets handled, may use estate assets to pay valid creditor claims like credit cards or unrelated medical bills, with only the money left over reaching the heirs. 

Can You File a Wrongful Death Claim and a Survival Action Together in Illinois?

Illinois law lets a family file both a wrongful death claim and a survival action from the same accident. Lawyers often bring the two claims together in a single lawsuit filed by the estate's personal representative, since this approach helps the family seek full compensation and avoids having to run two separate cases.

The filing deadlines for these two claims do not always match. A wrongful death claim generally must be filed within two years of the death. A survival action follows the deadline for the underlying injury claim, which is often two years from the date of the injury.

Schedule a Free Consultation with a Northbrook, IL Wrongful Death Attorney

The details of a wrongful death case, including how the accident happened and how long your loved one survived afterward, help determine whether a wrongful death claim, a survival action, or both apply to your situation. We can review those details with you and explain your options. Our team also speaks Russian and Mongolian. The attorneys at Gruzmark Law, Ltd. offer free consultations. Call our North Shore, IL survival action lawyers at 847-729-7660 to talk about your case.