Wrongful Death Lawsuits in Illinois
Who can bring a wrongful death claim in Illinois, the deadline to file, and any limits on damages.
Short answer: The action must be brought by and in the name of the deceased person's personal representative, for the exclusive benefit of the surviving spouse and next of kin. Damages may include grief, sorrow and mental suffering. 740 ILCS 180/2(a), (b)
| Who can sue for wrongful death | The action must be brought by and in the name of the deceased person's personal representative, for the exclusive benefit of the surviving spouse and next of kin. Damages may include grief, sorrow and mental suffering. The court divides the recovery among the spouse and next of kin according to each person's percentage of dependency on the deceased. Source: 740 ILCS 180/2(a), (b) |
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| Wrongful death deadline | A wrongful death lawsuit must be filed within 2 years after the death. If the death resulted from violent intentional conduct, the deadline is 5 years; if the defendant is charged with certain homicide offenses, the suit may be filed within one year after the criminal case ends. A person entitled to benefits who was under 18 has until 2 years after turning 18. Source: 740 ILCS 180/2(d), (e) |
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FAQ
Who can file a wrongful death lawsuit in Illinois?
The action must be brought by and in the name of the deceased person's personal representative, for the exclusive benefit of the surviving spouse and next of kin. Damages may include grief, sorrow and mental suffering. The court divides the recovery among the spouse and next of kin according to each person's percentage of dependency on the deceased.
How long do you have to file a wrongful death lawsuit in Illinois?
A wrongful death lawsuit must be filed within 2 years after the death. If the death resulted from violent intentional conduct, the deadline is 5 years; if the defendant is charged with certain homicide offenses, the suit may be filed within one year after the criminal case ends. A person entitled to benefits who was under 18 has until 2 years after turning 18.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.