Losing a loved one due to another's negligence is devastating. Illinois law provides specific rights and remedies for surviving families.
Legal notice: This guide is for informational purposes only and does not constitute legal advice. Laws vary by state — always consult a licensed attorney before making any legal decisions.
Statute of Limitations
Illinois statute of limitations for wrongful death claims: 2 years from the date of death. Contact an attorney immediately.
Under 740 ILCS 180/1, the personal representative of the estate files the wrongful death claim for the benefit of the surviving spouse and next of kin. Illinois allows damages for grief, sorrow, and mental suffering of the surviving spouse and children — making Illinois one of the more plaintiff-friendly states for wrongful death non-economic damages.
Illinois-Specific Tip
Illinois has a 2-year statute of limitations for wrongful death claims (740 ILCS 180/2). Illinois also allows a survival action for the deceased's pre-death pain and suffering and economic losses. Cook County wrongful death verdicts have historically been among the highest in the Midwest.
📊 Illinois allows both wrongful death claims and survival actions to be filed simultaneously — ask your attorney about both.
Contact a Illinois wrongful death attorney immediately
Preserve all evidence related to the incident
Obtain the official death certificate
Document all expenses — medical, funeral, and burial
Do NOT accept any early settlement
Be aware of the 2-year statute of limitations running from the date of death
Ask your attorney about filing both a wrongful death claim AND a survival action
2 years from the date of death. Illinois has a 2-year statute of limitations for wrongful death claims (740 ILCS 180/2). Illinois also allows a survival action for the deceased's pre-death pain and suffering and economic losses. Cook County wrongful death verdicts have historically been among the highest in the Midwest.
Under 740 ILCS 180/1, the personal representative of the estate files the wrongful death claim for the benefit of the surviving spouse and next of kin. Illinois allows damages for grief, sorrow, and mental suffering of the surviving spouse and children — making Illinois one of the more plaintiff-friendly states for wrongful death non-economic damages.
Under 740 ILCS 180/1, the personal representative of the estate files the wrongful death claim for the benefit of the surviving spouse and next of kin. Illinois allows damages for grief, sorrow, and mental suffering of the surviving spouse and children — making Illinois one of the more plaintiff-friendly states for wrongful death non-economic damages. Contact a Illinois wrongful death attorney to confirm who has standing in your specific situation.
No upfront cost. Contingency fees — you only pay if you win.
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