Understanding Wrongful Death Claims in Illinois
Losing a loved one because of someone else's negligence is devastating. A wrongful death claim can hold the responsible party accountable and ease the financial burden.
What Is a Wrongful Death Claim?
Under Illinois law (740 ILCS 180), a wrongful death claim exists when a person's death is caused by another party's wrongful act, neglect, or default. These claims are filed by the deceased person's surviving family to recover compensation for the losses they have suffered.
Common causes include:
- Motor vehicle and trucking accidents
- Medical malpractice
- Workplace accidents
- Defective products
- Nursing home neglect
Who Can File?
In Illinois, the claim is typically brought by the personal representative of the deceased person's estate, on behalf of the surviving spouse and next of kin. If there is no estate in place, one can be opened through probate court.
What Damages Are Recoverable?
Wrongful death damages in Illinois focus on the losses suffered by the surviving family:
- Loss of financial support the deceased would have provided
- Loss of companionship, guidance, and society
- Grief, sorrow, and mental suffering
- Funeral and burial expenses
How Long Do You Have to Act?
The statute of limitations for wrongful death in Illinois is generally one year from the date of death — but can be extended in some circumstances. Because this window is shorter than most injury claims, it is critical to speak with an attorney as soon as possible.
Moving Forward
No amount of money can replace a lost loved one. But a wrongful death claim can relieve the financial pressure a family faces and hold the responsible party accountable. We handle every aspect of the litigation so families can focus on healing.