Filing a Wrongful Death Lawsuit in Illinois: Deadlines & Damages

Last Updated: October 24, 2026

An Illinois wrongful death action is brought by the personal representative under 740 ILCS 180/2. Section 2(d) generally requires filing within two years after the death. Section 2(e) provides a longer period against the individual defendant for certain violent intentional deaths, and section 2(f) lets a beneficiary who was under 18 bring the action within two years after turning 18. The jury may award fair and just compensation for the pecuniary injuries, including grief, sorrow, and mental suffering, to the surviving spouse and next of kin. The court distributes that recovery by each person’s percentage of dependency.

Illinois wrongful death law allows surviving family members to recover compensation when someone dies because of another person’s negligence. The lawsuit is filed by the personal representative. Section 2(a) makes the recovery for the exclusive benefit of the surviving spouse and next of kin, and section 2(b) distributes it by each person’s percentage of dependency. Section 2(d) generally measures the two years from the death. Section 2(e) is longer against the individual defendant in the cases it lists, and a claim against a local public entity can be shorter under 745 ILCS 10/8-101.

This article provides general information about Illinois wrongful death claims and is not legal advice. Past results do not guarantee future outcomes. If you have lost a loved one and have questions about your situation, call us at 309-673-0069 for a free, confidential consultation.

Who Can File a Wrongful Death Lawsuit in Illinois

Hierarchy diagram of who can bring an Illinois wrongful death claim. The personal representative files suit, and recovery passes to statutory next of kin: tier 1 spouse and children, tier 2 parents and siblings, tier 3 other lineal relatives. — The personal representative files suit, but the recovery passes to the statutory next of kin in priority order.

Wrongful Death Act vs. Survival Act, Two Claims, Often in the Same Lawsuit
	Wrongful Death Act	Survival Act
What it compensates	The losses suffered by the surviving family because of the death.	The losses the decedent personally suffered between the injury and death.
Who files	Personal representative of the estate (executor or administrator).	Personal representative of the estate (executor or administrator).
Who actually recovers	The widow / widower and the next of kin.	The estate itself (then distributed under the will or intestacy rules).
Typical damages	Pecuniary injuries to the surviving spouse and next of kin, including grief, sorrow, and mental suffering. Section 2 also allows punitive damages when applicable. They are not available in a healing art malpractice or legal malpractice action, or against the State, a unit of local government, or an employee of either in an official capacity.	Decedent’s conscious pain and suffering between injury and death; medical bills incurred before death; lost wages from injury until death.
*What it does not* cover**	The decedent’s own pain and suffering before death (that’s the Survival claim’s job).	The family’s grief and lost support (that’s the Wrongful Death claim’s job).
Why both are usually pleaded	The two claims compensate different losses owed to different parties. Trying them together captures the full picture, but courts often require separate verdict forms to keep the awards distinct.

A skilled wrongful death lawyer will evaluate both claims at the start of the case so no recoverable damages are left on the table.

Under the Illinois Wrongful Death Act (740 ILCS 180), the lawsuit is brought by the personal representative of the deceased’s estate, usually the executor named in the will or, if there is no will, the administrator appointed by the probate court in the deceased’s county of residence (Peoria County Circuit Court, Tazewell County Circuit Court, or the appropriate venue). If the estate’s only asset is the wrongful death claim and no petition for letters has been filed, 740 ILCS 180/2.1 lets the court appoint a special administrator to prosecute the action.

The personal representative files the suit. Section 2(a) makes the amount recovered for the exclusive benefit of the surviving spouse and next of kin. Section 2(b) has the court distribute it in the proportion that each person’s percentage of dependency bears to the total dependency. The court, typically the Peoria County Circuit Court in Tenth Judicial Circuit cases, apportions the recovery as part of the settlement or post-verdict process.

For a deeper look at who specifically qualifies, see our post on who can file a wrongful death lawsuit in Illinois.

The Two-Year Deadline and Exceptions

The Illinois statute of limitations for wrongful death is two years from the date of death, not the date of the underlying injury, under 740 ILCS 180/2. This matters in cases where the injury and death are separated in time, a serious car accident in March 2024 that ultimately causes the victim’s death in February 2025 starts a new two-year clock from the death date.

Important exceptions to the two-year default:

Discovery rule for delayed-discovery deaths. In medical malpractice and toxic exposure cases where the cause of death is not immediately known, the clock can run from the date the cause was or should have been discovered, subject to outer-limit repose periods. Medical malpractice wrongful death claims have particular complications under 735 ILCS 5/13-212, see our post on medical malpractice wrongful death for the deep dive.
A beneficiary under 18. Section 2(f) provides that a person entitled to recover who was under 18 when the cause of action accrued may bring the action within two years after turning 18.
Violent intentional deaths. Section 2(e) allows an action within five years after the death if the death resulted from violent intentional conduct, or within one year after the final disposition of the criminal case when the defendant is charged with a listed homicide. That longer period applies only against that individual defendant.
Government entity defendants. Section 8-101(a) requires an action against a local public entity or its employee to be filed within one year from the injury or the accrual. Subsection (b) gives a patient-care action two years from knowledge of the injury or death, and no more than four years after the act. A local notice requirement can be shorter. See our post on wrongful death claims against government entities in Illinois.
Federal Tort Claims Act. Wrongful death involving a federal employee or facility (VA hospital, military base, federal contractor) requires an administrative claim filed within two years and follows different rules from the Illinois statute.

For the comprehensive treatment of deadlines and tolling, see our post on the Illinois wrongful death statute of limitations.

Damages in an Illinois Wrongful Death Case

The Illinois Wrongful Death Act allows recovery for the pecuniary injuries, the financial and relational losses, suffered by the surviving spouse and next of kin. The Illinois Pattern Jury Instructions break down the damages a jury can award:

Lost financial support. Income the deceased would have earned and contributed to the family. In serious cases this is calculated by a vocational economist who projects future earnings, fringe benefits, and household services lost.
Loss of society and companionship. The relational loss, companionship, guidance, parental presence, spousal partnership. IPI 31.04 instructs juries on the elements. There is no statutory cap on this category in most Illinois wrongful death cases.
Loss of inheritance. What the surviving family members would have inherited had the deceased lived a normal life expectancy.
Funeral and burial costs. Documented funeral, burial, or cremation expenses.
Conscious pain and suffering before death. Recovered separately under the Survival Act (755 ILCS 5/27-6), not the Wrongful Death Act itself. The Survival Act preserves the deceased’s own claim for the harm suffered between the injury and the death; the Wrongful Death Act compensates the survivors for the death itself.

For the mechanics of how Illinois wrongful death settlements get calculated, see our post on how wrongful death settlements are calculated in Illinois.

Common Wrongful Death Cases in Peoria County

The wrongful death cases Parker & Parker handles in Peoria County and surrounding Central Illinois fall into a small number of categories:

Fatal car accidents. Single-vehicle, head-on, intersection collisions on I-74, I-474, Route 150, and rural state routes. Often involve impairment, distraction, or commercial vehicles. See our post on wrongful death car accident claims in Illinois.
Truck accidents. Federal regulatory framework, FMCSA hours-of-service, driver qualification, vehicle maintenance, overlays the state negligence claim. Carriers maintain higher policy limits, often $750,000 to $1M minimum on commercial lines.
Nursing home neglect deaths. Sepsis from untreated pressure ulcers, choking deaths during unsupervised feeding, falls with fatal head injury, elopement deaths, medication errors. Governed by both the Wrongful Death Act and the Illinois Nursing Home Care Act (210 ILCS 45). Fee-shifting under 210 ILCS 45/3-610 affects the settlement calculus.
Medical malpractice deaths. Failure to diagnose, surgical errors, medication errors, post-operative neglect. Different SOL framework under 735 ILCS 5/13-212. Certificate of merit required at filing under 735 ILCS 5/2-622.
Pedestrian and bicycle fatalities. Distinct doctrinal issues, right of way, crosswalk law, dooring under 625 ILCS 5/11-1407. See our post on wrongful death claims after pedestrian and bicycle fatalities in Illinois.
Workplace deaths. Workers’ compensation is the exclusive remedy against the employer, but third-party negligence claims (against equipment manufacturers, subcontractors, property owners) are often available. Coordination of the two systems is essential.
Child wrongful death. Particular evidentiary and damages considerations, pecuniary support is often nominal but loss of society is substantial. See our post on wrongful death of a child in Illinois.

Wrongful Death vs. Survival Action

Two separate Illinois statutes apply when an injury causes death, and most wrongful death cases involve both.

Wrongful Death Act (740 ILCS 180). Compensates the surviving spouse and next of kin for their losses caused by the death, financial support, society, companionship, funeral expenses.
Survival Act (755 ILCS 5/27-6). Preserves the deceased’s own personal injury claim, pain and suffering experienced between the injury and the death, medical bills incurred before death, lost wages from the injury date through the date of death. The Survival Act recovery flows to the estate, where it is distributed under the will or by intestate succession.

The two claims are filed together in nearly every case, with damages allocated between them at settlement or by the jury. For the doctrinal distinction in detail, see our practice-page coverage of wrongful death vs. survival action in Illinois.

Frequently Asked Questions

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

Section 2(d) generally requires filing within two years after the death. Section 2(e) provides a longer period against the individual defendant for the violent intentional deaths it lists, and section 2(f) lets a beneficiary who was under 18 bring the action within two years after turning 18. Against a local public entity or its employee, 745 ILCS 10/8-101(a) sets one year, with the patient-care period in subsection (b). Don’t wait, investigation and record collection take time, and the shorter government deadline can pass before families realize a claim exists.

Who gets the money from an Illinois wrongful death settlement?

Section 2(b) distributes the wrongful death recovery to the surviving spouse and next of kin by each person’s percentage of dependency. 740 ILCS 180/2.1 is the special-administrator appointment when no estate has been opened. It is not the distribution formula. The estate receives the Survival Act portion of the recovery (pain and suffering before death), which is then distributed under the will or by intestate succession. Both pieces are typically resolved together.

Can I file a wrongful death lawsuit if my loved one died in a hospital?

Yes, when the death was caused by negligence. Hospital deaths frequently involve medical malpractice, failure to diagnose, surgical errors, post-operative neglect, and require a medical expert review (the Certificate of Merit under 735 ILCS 5/2-622) before the suit can be filed. The Illinois medical malpractice statute of limitations runs two years from the date the negligence was discovered or should have been discovered, with an outer four-year repose under 735 ILCS 5/13-212 in most cases.

What if the death was caused by a city, county, or state employee?

Section 8-101(a) requires an action against a local public entity or its employee within one year from the injury or the accrual. Subsection (b) gives a patient-care action two years from knowledge of the injury or death, and no more than four years after the act. A claim against the State is outside that section.

How much is an Illinois wrongful death case worth?

Recovery values vary enormously by the deceased’s age, earning history, family situation, and the nature of the negligence. A wrongful death case involving a working-age parent with significant lost income and minor children typically resolves in the high six figures or seven figures when liability is clear and policy limits exist. Cases involving the death of an older retiree without dependents or significant income loss recover less in pecuniary terms, but the loss-of-society damages remain substantial. Past results do not guarantee future outcomes; every case is fact-specific.

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