Wrongful Death Lawsuits: A Guide for Illinois Families

The loss of a loved one is always heartbreaking, but when their death was preventable, the grief often turns into a search for answers. Whether the cause was a car crash, medical error, or workplace incident, families are left to deal not only with emotional devastation but also unexpected financial strain.

Wrongful death lawsuits exist to provide a path toward accountability and compensation. In Illinois, this legal process allows surviving family members to hold the responsible party liable.

Who Can File a Wrongful Death Claim in Illinois?

Illinois law allows the personal representative of the deceased person’s estate to file a wrongful death claim. This individual is typically named in the person’s will, but if there is no will, a court can appoint someone. The compensation awarded goes to the surviving spouse and next of kin, such as children or parents, based on how dependent they were on the deceased person for financial or emotional support.

This structure is outlined in the Illinois Wrongful Death Act (740 ILCS 180/), which governs eligibility and how damages are distributed.

Common Causes of Wrongful Death Lawsuits

Wrongful death can arise from a wide range of circumstances where negligence or misconduct played a role. Some of the most common include car and truck accidents, fatal workplace injuries, medical malpractice, nursing home neglect, and defective or dangerous products. In each of these situations, a wrongful death claim may be used to prove that a party failed to act with reasonable care, resulting in a loss of life.

Unintentional injuries are among the leading causes of death statewide, many of which are linked to preventable incidents.

The Timeline for Filing a Wrongful Death Lawsuit

You don’t have forever to file a claim, even when you’re still processing your loss. In Illinois, most wrongful death lawsuits have to be filed within two years of the person’s death.

However, there are exceptions.

If the case involves medical malpractice or intentional violence, that timeline might change depending on when the problem was discovered or whether there’s a criminal investigation involved. If a minor or legally disabled person is filing, the clock might not start until they’re able to take legal action.

The best way to know your deadline is to talk with an attorney early. If you wait too long, you could lose the right to file completely. Contact Grewer Law to discuss your legal options.