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Wrongful Death

21 articles

Wrongful death and Survival Act claims in Illinois: who can file, what damages are recoverable, and how the two causes of action work together.

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Filing a Wrongful Death Lawsuit in Illinois: Deadlines, Damages, and Who Can Sue

An Illinois wrongful death action is brought by the personal representative under 740 ILCS 180/2. Section 2(d) generally requires filing within two…

Wrongful Death of a Child in Illinois: A Family’s Legal Rights

A wrongful-death action is brought by the personal representatives under 740 ILCS 180/2(a). The amount recovered is for the exclusive benefit of…

Wrongful Death Claims After Pedestrian and Bicycle Fatalities in Illinois

A wrongful-death action is brought by the personal representatives under 740 ILCS 180/2(a). The recovery is for the surviving spouse and next…

Wrongful Death Claims Against Government Entities in Illinois

Section 745 ILCS 10/8-101(a) says a civil action against a local entity or any of its employees, other than the patient-care action…

How Wrongful Death Settlements Are Calculated in Illinois

Under 740 ILCS 180/2(a), the jury may award fair and just compensation for the pecuniary injuries to the surviving spouse and next…

Who Can File an Illinois Wrongful Death Lawsuit? (2026)

The action is brought by and in the names of the personal representatives under 740 ILCS 180/2(a). Except as the section otherwise…

Wrongful Death Car Accident Claims in Illinois: What Families Need to Know

Wrongful death car accidents allow surviving family members to recover for loss of financial support and companionship. The claim requires proving the…

Proving a Wrongful Death Case in Illinois: Evidence, Experts, and What Families Need to Know

In negligence-based wrongful death cases, the family must prove the defendant’s negligence was a proximate cause of the fatal injuries. Evidence can…

More Wrongful Death

How Insurance Companies Handle Wrongful Death Claims in Illinois

After a fatal crash in Illinois, the at-fault driver’s insurer assigns an adjuster, its claim handler, to investigate, take a position on…

Illinois Wrongful Death Statute of Limitations: Deadlines, Exceptions, and Why Timing Matters

Except as 740 ILCS 180/2(e) provides, subsection (d) requires a wrongful death action within 2 years after the death. Subsection (f) lets…

Wrongful Death vs. Survival Action in Illinois: Understanding the Difference

740 ILCS 180/1 creates an action when a death is caused by a wrongful act, neglect, or default that would have let…

Wrongful Death Claims After Fatal Motorcycle Accidents

740 ILCS 180/1 says that whenever the death of a person is caused by a wrongful act, neglect, or default, and the…

Wrongful Death After a Fatal Car Accident in Illinois

740 ILCS 180/1 says that whenever the death of a person is caused by a wrongful act, neglect, or default, and the…

How Insurance Companies Are Involved in Wrongful Death Lawsuits

Insurance companies investigate liability and negotiate wrongful death settlements with the family and their attorneys. Most cases settle rather than go to…

Medical Malpractice Wrongful Death Claims in Peoria

740 ILCS 180/1 says that whenever the death of a person is caused by wrongful act, neglect, or default, and the act,…

Common Wrongful Death Lawsuits in Illinois

Common wrongful death lawsuits include car accidents, medical malpractice, workplace injuries, and criminal acts. 740 ILCS 180/2(a) measures compensation by the pecuniary…

What Happens if a Victim Dies After Filing a Claim?

An action to recover damages for an injury to the person survives under 755 ILCS 5/27-6, except an action for slander or…

Opioid Use and Fatal Two-Vehicle Crash Initiation | Peoria

In a study of fatal two-vehicle crashes, drivers who tested positive for prescription opioids had more than twice the odds of crash…

IIHS links rise in car crash fatalities with higher speed limits

Charles M. Farmer’s April 2019 IIHS study associated a 5 mph increase in a state’s maximum speed limit with an 8.5 percent…

Single vehicle crash in Illinois kills driver and passenger

Single-vehicle fatal crashes can result from driver error, mechanical failure, medical events (seizure, heart attack), or environmental hazards (road defects, animal crossing).…

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