Wrongful Death After a Fatal Car Accident in Illinois

Last Updated: October 25, 2026

740 ILCS 180/1 says that whenever the death of a person is caused by a wrongful act, neglect, or default, and the act, neglect, or default is such as would, if death had not ensued, have entitled the injured party to maintain an action and recover damages, including punitive damages when applicable, then the person, company, or corporation which would have been liable if death had not ensued shall be liable to an action for damages, including punitive damages when applicable, notwithstanding the death, and although the death was caused under circumstances amounting in law to a felony. 740 ILCS 180/2(a) says every such action shall be brought by and in the names of the personal representatives of the deceased person. Except as otherwise provided in that section, the amount recovered is for the exclusive benefit of the surviving spouse and next of kin. The jury may give such damages as they shall deem a fair and just compensation with reference to the pecuniary injuries resulting from the death, including damages for grief, sorrow, and mental suffering, and punitive damages when applicable. Nothing in that section affects the applicability of 735 ILCS 5/2-1115 or 745 ILCS 10/2-102 or 745 ILCS 10/2-213. Punitive damages are not available in an action for healing art malpractice or legal malpractice, or in an action against the State or a unit of local government or an employee of either in that employee’s official capacity. The changes made by Public Act 103-514 apply to actions filed on and after August 11, 2023. 740 ILCS 180/2(d) says that, except as otherwise provided in subsection (e), every such action shall be commenced within 2 years after the death. An action against a defendant arising from a crime committed by that defendant, in whose name an escrow account was established under the Criminal Victims’ Escrow Account Act, shall be commenced within 2 years after the establishment of that account. Subsection (e) says an action may be brought within 5 years after the death if the death is the result of violent intentional conduct, or within one year after the final disposition of the criminal case if the defendant is charged with a crime listed in that subsection. That subsection extends the period only against the individual who allegedly committed a violent intentional act or was the defendant charged with a listed crime. It does not extend the period against any other person or entity. The changes made by the amendatory Act of the 99th General Assembly apply to causes of action arising on or after that Act’s effective date. Subsection (f) says that, for this section, next of kin includes an adopting parent and an adopted child, and they shall be treated as a natural parent and a natural child. If a person entitled to recover benefits was under 18 when the cause accrued, that person may cause the action to be brought within 2 years after attaining 18.

Wrongful Death Claims Following Fatal Car Accidents

What is a wrongful death claim 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 act, neglect, or default is such as would, if death had not ensued, have entitled the injured party to maintain an action and recover damages, including punitive damages when applicable, then the person, company, or corporation which would have been liable if death had not ensued shall be liable to an action for damages, including punitive damages when applicable, notwithstanding the death, and although the death was caused under circumstances amounting in law to a felony.

First, take a breath. If you have lost someone in a crash, you are probably dealing with shock, grief, and a lot of “next steps” you never asked for. People may be calling you about cars, insurance, medical bills, and paperwork while you are still trying to process what happened.

Nothing can undo a death. But a well-documented claim can help with the financial impact and create accountability through the civil justice system.

This guide is written for families in Peoria and Central Illinois who want clear, steady information before they decide whether to file a wrongful death case.

If you want a fuller overview of wrongful death claims in Peoria, that hub page explains the basics and what a typical process can look like.

Immediate steps in the first days and weeks

The first concrete step is paperwork: order several certified copies of the death certificate and start a folder where every document goes. The goal in the early days is not to “do everything.” It is to protect your family from avoidable problems and preserve information that tends to disappear quickly.

1) Get the essential paperwork started

Most families will need several certified copies of the death certificate. You may need them for insurance benefits, banking, and legal paperwork. If a coroner’s investigation or autopsy is involved, there may be additional reports later. Keep a folder (paper or digital) where every document goes.

2) Keep a simple crash timeline

Start a one-page timeline with the date, approximate time, and what you know so far about where the crash happened. In Central Illinois, details like work zones, detours, glare at sunrise or sunset, fog, and winter visibility can all matter when someone later tries to explain what happened.

If police were called, write down the responding agency name and the report number if you have it. If emergency responders or a hospital treated your loved one before death, write down the facility names and the dates. You don’t have to “prove the case” today. You are just preserving the who/what/when/where.

3) Understand who can file in Illinois

740 ILCS 180/2(a) says every such action shall be brought by and in the names of the personal representatives of the deceased person. Except as otherwise provided in that section, the amount recovered is for the exclusive benefit of the surviving spouse and next of kin. The jury may give such damages as they shall deem a fair and just compensation with reference to the pecuniary injuries resulting from the death, including damages for grief, sorrow, and mental suffering, and punitive damages when applicable. Nothing in that section affects the applicability of 735 ILCS 5/2-1115 or 745 ILCS 10/2-102 or 745 ILCS 10/2-213. Punitive damages are not available in an action for healing art malpractice or legal malpractice, or in an action against the State or a unit of local government or an employee of either in that employee’s official capacity. The changes made by Public Act 103-514 apply to actions filed on and after August 11, 2023.

740 ILCS 180/2(b) says the amount recovered shall be distributed by the court in which the cause is heard or, for an agreed settlement, by the circuit court, to each of the surviving spouse and next of kin in the proportion, as determined by the court, that the percentage of dependency of each such person upon the deceased person bears to the sum of the percentages of dependency of all such persons upon the deceased person. Subsection (c) applies where the deceased person left no surviving spouse or next of kin entitled to recovery. Subject to its limits, the damages then inure to the person furnishing hospitalization or hospital services, not exceeding $450, the person furnishing medical or surgical services, not exceeding $450, and the personal representatives for the costs and expenses of administering the estate and prosecuting or compromising the action, including a reasonable attorney fee. In that case the measure of damages is the total of the reasonable value of that hospitalization or hospital service, medical and surgical services, funeral expenses, and those administration costs, not exceeding the stated limit for each class and not exceeding $900 plus a reasonable attorney fee.

4) Watch the time limits and venue rules

740 ILCS 180/2(d) says that, except as otherwise provided in subsection (e), every such action shall be commenced within 2 years after the death. An action against a defendant arising from a crime committed by that defendant, in whose name an escrow account was established under the Criminal Victims’ Escrow Account Act, shall be commenced within 2 years after the establishment of that account. Subsection (e) says an action may be brought within 5 years after the death if the death is the result of violent intentional conduct, or within one year after the final disposition of the criminal case if the defendant is charged with a crime listed in that subsection. That subsection extends the period only against the individual who allegedly committed a violent intentional act or was the defendant charged with a listed crime. It does not extend the period against any other person or entity. The changes made by the amendatory Act of the 99th General Assembly apply to causes of action arising on or after that Act’s effective date. Subsection (f) says that, for this section, next of kin includes an adopting parent and an adopted child, and they shall be treated as a natural parent and a natural child. If a person entitled to recover benefits was under 18 when the cause accrued, that person may cause the action to be brought within 2 years after attaining 18.

Most wrongful death lawsuits are filed in Illinois circuit court. Venue is often tied to where the crash happened or where a defendant lives or does business. If a government agency or government vehicle is involved, special rules may apply.

5) Be careful with early insurance contact

Insurance adjusters often reach out quickly. Sometimes they are polite and helpful. Other times, early calls are used to lock in a version of events before your family has all the records.

It is okay to say, “We are not ready to discuss details yet,” and ask for everything in writing. If you do speak with an adjuster, keep it short and factual. Avoid guessing. If you do not know, it is okay to say you do not know.

What to save (and why it matters later)

Save witness names, scene photos, insurance information, the crash report number, medical records, funeral expense paperwork, employment records, and every insurer communication. Fatal crash cases in Illinois are often decided by records. 740 ILCS 180/2(d) says that, except as otherwise provided in subsection (e), every such action shall be commenced within 2 years after the death. An action against a defendant arising from a crime committed by that defendant, in whose name an escrow account was established under the Criminal Victims’ Escrow Account Act, shall be commenced within 2 years after the establishment of that account. Subsection (e) says an action may be brought within 5 years after the death if the death is the result of violent intentional conduct, or within one year after the final disposition of the criminal case if the defendant is charged with a crime listed in that subsection. That subsection extends the period only against the individual who allegedly committed a violent intentional act or was the defendant charged with a listed crime. It does not extend the period against any other person or entity. The changes made by the amendatory Act of the 99th General Assembly apply to causes of action arising on or after that Act’s effective date. Subsection (f) says that, for this section, next of kin includes an adopting parent and an adopted child, and they shall be treated as a natural parent and a natural child. If a person entitled to recover benefits was under 18 when the cause accrued, that person may cause the action to be brought within 2 years after attaining 18.

• Names and contact information for witnesses (even “small” witnesses who only saw the aftermath).
• Photos or videos of the scene, vehicle positions, road conditions, and visibility (fog, rain, glare, snow, ice).
• Insurance information for every vehicle involved (and the policy for the vehicle your loved one was in).
• The crash report number and any exchange-of-information sheets.
• Medical records from EMS, the ER, and the hospital (and itemized bills if you receive them).
• Funeral and burial expense paperwork.
• Employment records that show pay, benefits, and work history (helpful for lost financial support calculations).
• Any communications you receive from insurers (letters, emails, claim numbers, and notes of phone calls).

If a vehicle is being repaired, sold, or “totaled,” that timing matters. Modern vehicles can store useful data, and damage patterns can be important. Before anything is disposed of, it helps to get guidance on preserving the vehicle and any electronic data.

Also keep official records connected to the death, like the death certificate and related reports. These documents often become the backbone of “what happened” in later paperwork and court filings.

Common mistakes that can make a hard time harder

The most damaging mistake is giving a detailed recorded statement, or signing broad authorizations, before you have the police report and medical records. Families do not make these mistakes because they don’t care. They make them because they are grieving and overwhelmed, and because they are trying to trust the process. These are the pitfalls Parker & Parker sees most often after fatal Illinois crashes.

• Giving a detailed recorded statement before you have the police report and medical records.
• Signing broad authorizations without understanding what is being requested.
• Throwing away receipts, bills, or benefit paperwork because it feels “too painful” to keep.
• Letting a vehicle be destroyed or repaired before it is documented.
• Posting crash details or opinions on social media while facts are still unclear.
• Waiting so long that key evidence (video, data, witnesses) becomes difficult to locate.

A steady approach usually works best: gather records, keep a timeline, and avoid guesswork. If something feels rushed, it is okay to slow it down and ask questions.

What insurers look for in wrongful death car-crash claims

Even in a fatal case, the insurer is usually evaluating three big questions.

First, liability: who caused the crash, and can that be shown with reliable evidence?

Second, medical causation: did the crash cause the death, and what do the medical records say about the injury chain?

Third, damages: what losses did the family and estate suffer, and how are those losses documented?

Insurance systems and adjusters tend to reward consistency and documentation, and they tend to discount claims that sound bigger than the records support. If the story changes from one conversation to the next, or if a demand feels untethered from the proof, valuation resistance hardens quickly.

740 ILCS 180/2(a) says every such action shall be brought by and in the names of the personal representatives of the deceased person. Except as otherwise provided in that section, the amount recovered is for the exclusive benefit of the surviving spouse and next of kin. The jury may give such damages as they shall deem a fair and just compensation with reference to the pecuniary injuries resulting from the death, including damages for grief, sorrow, and mental suffering, and punitive damages when applicable. Nothing in that section affects the applicability of 735 ILCS 5/2-1115 or 745 ILCS 10/2-102 or 745 ILCS 10/2-213. Punitive damages are not available in an action for healing art malpractice or legal malpractice, or in an action against the State or a unit of local government or an employee of either in that employee’s official capacity. The changes made by Public Act 103-514 apply to actions filed on and after August 11, 2023. 755 ILCS 5/27-6 says that, in addition to the actions which survive by the common law, an action to recover damages for an injury to the person survives, except actions for slander and libel.

If you want a practical, plain-language explanation of how Illinois wrongful death cases work, our Wrongful Death practice page lays out the core ideas and common questions families ask.

And if you are trying to understand “proof” in a fatal car crash case, what tends to carry the most weight and why, this related post can help: Illinois wrongful death after a car accident: what proves it.

Frequently Asked Questions

Do I have to wait for a criminal case to finish before filing a wrongful death claim?

740 ILCS 180/2(d) says that, except as otherwise provided in subsection (e), every such action shall be commenced within 2 years after the death. An action against a defendant arising from a crime committed by that defendant, in whose name an escrow account was established under the Criminal Victims’ Escrow Account Act, shall be commenced within 2 years after the establishment of that account. Subsection (e) says an action may be brought within 5 years after the death if the death is the result of violent intentional conduct, or within one year after the final disposition of the criminal case if the defendant is charged with a crime listed in that subsection. That subsection extends the period only against the individual who allegedly committed a violent intentional act or was the defendant charged with a listed crime. It does not extend the period against any other person or entity. The changes made by the amendatory Act of the 99th General Assembly apply to causes of action arising on or after that Act’s effective date. Subsection (f) says that, for this section, next of kin includes an adopting parent and an adopted child, and they shall be treated as a natural parent and a natural child. If a person entitled to recover benefits was under 18 when the cause accrued, that person may cause the action to be brought within 2 years after attaining 18.

Who gets the money in a wrongful death case in Illinois?

740 ILCS 180/2(b) says the amount recovered shall be distributed by the court in which the cause is heard or, for an agreed settlement, by the circuit court, to each of the surviving spouse and next of kin in the proportion, as determined by the court, that the percentage of dependency of each such person upon the deceased person bears to the sum of the percentages of dependency of all such persons upon the deceased person. Subsection (c) applies where the deceased person left no surviving spouse or next of kin entitled to recovery. Subject to its limits, the damages then inure to the person furnishing hospitalization or hospital services, not exceeding $450, the person furnishing medical or surgical services, not exceeding $450, and the personal representatives for the costs and expenses of administering the estate and prosecuting or compromising the action, including a reasonable attorney fee. In that case the measure of damages is the total of the reasonable value of that hospitalization or hospital service, medical and surgical services, funeral expenses, and those administration costs, not exceeding the stated limit for each class and not exceeding $900 plus a reasonable attorney fee.

What if my loved one did not have a will?

740 ILCS 180/2(a) says every such action shall be brought by and in the names of the personal representatives of the deceased person. Except as otherwise provided in that section, the amount recovered is for the exclusive benefit of the surviving spouse and next of kin. The jury may give such damages as they shall deem a fair and just compensation with reference to the pecuniary injuries resulting from the death, including damages for grief, sorrow, and mental suffering, and punitive damages when applicable. Nothing in that section affects the applicability of 735 ILCS 5/2-1115 or 745 ILCS 10/2-102 or 745 ILCS 10/2-213. Punitive damages are not available in an action for healing art malpractice or legal malpractice, or in an action against the State or a unit of local government or an employee of either in that employee’s official capacity. The changes made by Public Act 103-514 apply to actions filed on and after August 11, 2023.

What documents matter most right away?

Usually: the crash report information, insurance claim numbers, medical and hospital records (EMS, ER, and itemized bills), several certified copies of the death certificate, funeral and burial expense records, employment and pay records, and any photos or witness information. These records often become the backbone of an Illinois wrongful death claim. If you are missing something, start a list of what you need.

How long do I have to file a wrongful death lawsuit?

740 ILCS 180/2(d) says that, except as otherwise provided in subsection (e), every such action shall be commenced within 2 years after the death. An action against a defendant arising from a crime committed by that defendant, in whose name an escrow account was established under the Criminal Victims’ Escrow Account Act, shall be commenced within 2 years after the establishment of that account. Subsection (e) says an action may be brought within 5 years after the death if the death is the result of violent intentional conduct, or within one year after the final disposition of the criminal case if the defendant is charged with a crime listed in that subsection. That subsection extends the period only against the individual who allegedly committed a violent intentional act or was the defendant charged with a listed crime. It does not extend the period against any other person or entity. The changes made by the amendatory Act of the 99th General Assembly apply to causes of action arising on or after that Act’s effective date. Subsection (f) says that, for this section, next of kin includes an adopting parent and an adopted child, and they shall be treated as a natural parent and a natural child. If a person entitled to recover benefits was under 18 when the cause accrued, that person may cause the action to be brought within 2 years after attaining 18.

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