Losing a loved one due to someone else’s negligence is devastating. Beyond the emotional toll, families often face financial burdens, unanswered questions, and legal uncertainty. While Illinois law allows eligible family members to seek compensation for their loss, proper procedures must be followed. This blog explains who can file a wrongful death claim and what damages are available.
Who Can File a Wrongful Death Claim in Illinois?
Under the Illinois Wrongful Death Act, a wrongful death lawsuit must be filed by the personal representative of the deceased’s estate. This is typically:
- The surviving spouse
- Adult children of the deceased
- Parents of a deceased minor child
- A court-appointed representative if no immediate family members exist
Even though only one person files the claim, damages are awarded to the deceased’s surviving family members, following a legal hierarchy of eligibility.
Illinois Hierarchy of Eligible Claimants
- Spouse and Children – The priority for wrongful death damages.
- Parents – If there is no surviving spouse or children, parents may file for the loss of a minor or adult child.
- Siblings or Other Family Members – If no immediate family members are alive, the court may allow other relatives to claim damages.
If the deceased had no will or estate plan, the court may appoint a representative to ensure that compensation is distributed appropriately.
What Damages Can Be Recovered?
Wrongful death damages in Illinois fall into two broad categories: financial losses and emotional suffering.
Financial Losses
- Medical expenses – Costs incurred before death, including hospital bills and emergency care.
- Funeral and burial expenses – Compensation for final arrangements.
- Loss of income – Wages the deceased would have earned had they lived.
- Loss of benefits – Health insurance, retirement funds, and other lost financial contributions.
- Household contributions – Services the deceased provided, such as childcare or home maintenance.
Emotional and Non-Economic Losses
- Loss of companionship – The emotional suffering of a surviving spouse.
- Loss of parental guidance – Compensation for children who lost a parent.
- Pain and suffering – Emotional distress experienced by surviving family members.
Illinois law does not allow for punitive damages in wrongful death cases, meaning compensation is based on actual losses rather than punishment for the at-fault party.
Illinois Statute of Limitations for Wrongful Death Claims
Illinois law requires wrongful death lawsuits to be filed within two years from the date of death. However, exceptions exist:
- Medical malpractice cases – The deadline may be extended if negligence is discovered later.
- Criminal cases – If the death resulted from a violent crime, the civil case deadline may differ.
- Minors filing a claim – If a child is an eligible claimant, the statute of limitations may be extended until the child turns 18.
Failing to file within the required time frame can result in losing the right to seek compensation.
What Situations Qualify as Wrongful Death?
A wrongful death claim applies when a person dies due to another party’s negligence, recklessness, or intentional misconduct. Common scenarios include:
- Car Accidents – Fatal crashes caused by distracted, drunk, or reckless drivers.
- Medical Malpractice – Death due to surgical errors, misdiagnosis, or lack of proper treatment.
- Workplace Accidents – Fatal injuries due to unsafe conditions or employer negligence.
- Defective Products – Fatal injuries caused by unsafe consumer products or medications.
- Nursing Home Neglect – Wrongful death due to abuse, malnutrition, or medical neglect.
- Criminal Acts – Homicide or violent actions leading to death.
In these cases, proving negligence is key to securing compensation.
The Process for Filing a Wrongful Death Lawsuit
Wrongful death claims involve several legal steps. Here’s what families should expect:
- Appoint a Personal Representative – If one has not already been designated in the deceased’s will, the court will appoint one.
- Gather Documentation – This may include:
- Death certificate
- Medical records
- Funeral expenses
- Employment and income records
- Witness statements
- Determine Liability – Identifying who is legally responsible for the death.
- Calculate Damages – Estimating financial and emotional losses.
- File the Lawsuit – The personal representative, with the help of an attorney, will submit the claim to the appropriate court.
- Negotiate or Proceed to Trial – Many wrongful death cases settle out of court, but if a fair offer is not made, the case may go to trial.
Seek Justice for Your Loved One
Losing a loved one unexpectedly is heartbreaking, and no amount of money can replace what has been lost. However, a wrongful death claim can provide financial security for your family and hold responsible parties accountable. Trust Hale & Monico to guide you through the legal process and fight for the compensation your family deserves. Contact us today to learn how we can help.