Losing a family member in an accident is the hardest event a family can face. Illinois law gives surviving family members a path to hold the responsible party accountable and recover compensation. This page collects every wrongful death guide on this site, written in plain language for grieving families.
Two laws usually apply. The Illinois Wrongful Death Act compensates the surviving spouse and next of kin for their own losses, such as lost financial support and loss of companionship. The Survival Act lets the estate recover for what the deceased person suffered before death, including pain, medical bills, and lost wages. Many cases include both claims.
Only the personal representative of the estate can file the lawsuit. That is often the spouse or an adult child appointed by the probate court. The deadline is generally two years, and shorter in some cases involving government defendants. Acting early also protects evidence from the crash or incident that caused the death.
Damages depend on the facts. Courts look at the person’s income, age, health, and relationship with the family. There is no cap on wrongful death damages in Illinois. The guides below explain who can file, what compensation covers, and how these cases move from investigation to settlement or trial.
All Guides in This Section
Who can file and deadlines
- Illinois Wrongful Death Statute of Limitations and Filing Deadlines
- Who Can File a Wrongful Death Claim in Illinois?
- Who Can File a Wrongful Death Lawsuit in Illinois?
Damages and compensation
- How Are Wrongful Death Damages Distributed in Illinois?
- Wrongful Death Damages: What Compensation Is Available?
Wrongful death case types
- How Long Does a Wrongful Death Lawsuit Take in Illinois?
- Survival Actions vs. Wrongful Death Claims in Illinois
- Wrongful Death from Drunk Driving Accidents in Chicago
- Wrongful Death from Medical Negligence in Illinois
- Wrongful Death from a Car Accident in Chicago
- Wrongful Death in Construction Accidents
- Wrongful Death of a Child: Legal Options for Parents in Illinois
- Wrongful Death vs Survival Actions in Illinois
Talk to a Chicago Injury Lawyer for Free
Phillips Law Offices handles wrongful death cases across Chicago and Illinois. The consultation is free and there is no fee unless we win. Call (312) 346-4262 or contact us online. Our office is at 161 N Clark St Suite 4925, Chicago, IL 60601.