Losing a family member because of someone else's negligence is devastating, and the legal process is rarely explained clearly at the time families need it most.
Who brings the claim
Under the Illinois Wrongful Death Act, the claim is filed by the personal representative of the deceased person's estate on behalf of the surviving spouse and next of kin. Recovery is distributed among those family members according to their degree of dependency and loss.
Two claims usually exist together
A wrongful death claim compensates surviving family members for grief, sorrow, loss of society, and lost financial support. A separate survival action compensates the estate for the pain and suffering the deceased experienced before death, along with medical bills and lost earnings between injury and death.
Common wrongful death cases
- Fatal car, truck, and motorcycle collisions
- Construction and industrial accidents
- Medical negligence and misdiagnosis
- Nursing home neglect
- Dangerous or defective products
Deadlines
Illinois wrongful death claims generally must be filed within two years of the death, with shorter deadlines when a government entity is involved and different rules where criminal charges are pending.
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This article is general information about Illinois law and is not legal advice. Reading it does not create an attorney-client relationship. Deadlines and outcomes depend on the specific facts of each case.