Wrongful Death of a Child in Illinois: A Family’s Legal Rights
Mon 23 Feb, 2026 / by Robert Parker / Wrongful Death
Home »
Blog »
Wrongful Death of a Child in Illinois: A Family’s Legal Rights
Wrongful Death of a Child in Illinois: A Family’s Legal Rights
No legal claim can undo the loss of a child. What the law can do is hold the responsible party accountable and provide the surviving family with compensation for the devastation that negligence caused. Illinois law gives parents and families the right to pursue a wrongful death claim when a child dies because of someone else’s wrongful act or negligence.
How Child Wrongful Death Claims Work in Illinois
The mechanics are the same as any wrongful death claim: the personal representative of the child’s estate files the lawsuit under 740 ILCS 180. One or both parents often serve as the representative, though the court must formally appoint them. The claim is brought on behalf of the child’s surviving next of kin — typically both parents, and siblings if applicable.
The key difference in child wrongful death cases is the damages analysis. Because a child has limited or no earnings history, the economic damages component relies on projected future earning capacity based on the parents’ educational background, the child’s academic trajectory, and statistical life expectancy data. An experienced personal injury attorney works with forensic economists to build these projections.
Non-Economic Damages: The Heart of the Claim
In child wrongful death cases, non-economic damages are typically the largest component of the recovery. Illinois law compensates surviving parents for grief, sorrow, and mental suffering — each of which is recognized as an independent category of harm. Loss of the child’s society, companionship, and the parent-child relationship compound these damages.
Courts and juries understand the unique severity of losing a child. While no amount of money replaces what was taken, Illinois law recognizes that the emotional devastation to parents is profound and compensable without a statutory cap.
Common Causes of Child Wrongful Death
Children are killed by negligent drivers in pedestrian accidents near schools and in residential neighborhoods, in car accidents where another driver caused the crash, in drowning incidents at pools or waterways with inadequate supervision or fencing, and in defective product incidents involving toys, furniture, or vehicles. Each scenario involves different defendants and different legal theories, but the wrongful death framework applies to all of them.
In Central Illinois, fatal car accidents involving child passengers or child pedestrians represent a significant portion of these cases. Intersection crashes near schools, speeding in residential zones, and distracted driving in neighborhoods where children are playing all create preventable tragedies.
The Survival Action Component
Alongside the wrongful death claim, the estate can bring a survival action for damages the child experienced between the injury and death. If the child survived for any period after the negligent act — even minutes or hours — the survival action recovers compensation for the child’s own pain and suffering during that interval. This is a separate claim with separate damages, and it is filed by the same personal representative.
Holding the Right Parties Accountable
Child wrongful death cases frequently involve multiple liable parties. A driver who hit a child in a crosswalk may be personally liable, while the company that employed the driver may bear vicarious liability. A property owner whose unfenced pool led to a drowning may be liable alongside a pool maintenance company. Identifying every responsible party ensures the family has access to the full range of available insurance coverage.
Talk to a Peoria Wrongful Death Lawyer
Losing someone because of another person’s negligence is devastating. Parker & Parker Attorneys at Law helps families across Central Illinois pursue wrongful death claims. There is no fee unless we recover compensation for your family.
Call (309) 672-6464 for a free consultation, or contact us online.
Frequently Asked Questions
Can parents file a wrongful death lawsuit for a child in Illinois?
Yes. The personal representative of the child’s estate files the wrongful death claim on behalf of the surviving parents and next of kin under 740 ILCS 180. Both parents are typically beneficiaries of any recovery.
What damages are available in a child wrongful death case in Illinois?
Damages include grief, sorrow, and mental suffering of the surviving parents, loss of the child’s future companionship and society, medical expenses from the fatal injury, and funeral and burial costs. Lost future income may also be claimed based on the child’s life expectancy and potential earning capacity.
How long do parents have to file a wrongful death claim for a child in Illinois?
The statute of limitations is generally two years from the date of death. If the child was a minor, there may be tolling provisions that extend the deadline, but families should consult an attorney promptly to preserve all options.