How Do I File a Wrongful Death Claim in Illinois?

 Posted on July 21, 2026 in Wrongful Death

To file a wrongful death claim in Illinois, the personal representative of the deceased person's estate must bring the lawsuit. This is done on behalf of the surviving family members. It typically must happen within two years of the death.

Losing a loved one because of someone else's carelessness is one of the hardest things a family can go through. Dealing with a legal process on top of that grief can feel like too much to handle. If you think you have a wrongful death claim in 2026, our Cook County personal injury lawyer can guide your family through each step. This way, you can focus on healing while your case moves forward.

Who Can File a Wrongful Death Claim in Illinois?

Illinois law is specific about who has the authority to bring this type of claim. Under the Illinois Wrongful Death Act, 740 ILCS 180/1, the lawsuit must be filed by the personal representative of the deceased person's estate. Family members cannot file individually. This person is usually named in the deceased's will. If there wasn't a will, the probate court appoints someone instead. The personal representative files the case. But any compensation recovered is meant to benefit the surviving spouse and next of kin, not the estate itself.

What Counts as a Wrongful Death Under Illinois Law?

A wrongful death claim applies when someone dies because of another party's wrongful act, neglect, or default. The deceased person also would have had the right to file a personal injury claim had they survived. This covers a wide range of situations:

• Fatal car accidents
• Medical malpractice
• Defective products
• Workplace accidents
• Criminal acts like assault

The key requirement is that the death resulted from someone else's failure to act reasonably. It should not stem from natural causes or an unavoidable accident.

How Long Do You Have to File a Wrongful Death Claim in Illinois?

In most cases, you have two years from the date of death to file a wrongful death claim in Illinois. This deadline is known as the statute of limitations. Missing it typically means losing your right to pursue compensation altogether. This is true no matter how strong your case might otherwise be.

Some situations can extend or shorten this timeline. This can happen in cases involving a government entity or claims tied to a criminal case against the person responsible for the death. These exceptions can be easy to misunderstand. Because of this, it's important to get legal guidance early rather than assuming you have the full two years.

What Damages Can Your Family Recover in a Wrongful Death Case?

Illinois law allows surviving family members to recover several types of damages. This depends on the specific circumstances of the case. These often include:

• Loss of financial support the deceased would have provided
• Loss of companionship, guidance, and consortium
• Medical expenses related to the deceased's final illness or injury
• Funeral and burial expenses
• Pain and suffering the deceased experienced before death, if applicable

The court considers several factors when deciding on an appropriate amount. These include the deceased person's age, health, income, and relationship with surviving family members. These damages cover both financial and emotional loss. Because of this, building a complete picture of what your family lost is often one of the most important parts of the case.

What Should Your Family Do Before Filing a Wrongful Death Claim?

Taking a few steps early can help protect your family's ability to pursue a strong claim. Preserve any evidence related to the accident, including photos and records. Avoid giving recorded statements to insurance companies without legal guidance first. Keep track of financial losses and expenses connected to the death. Speak with witnesses while their memory of events is still fresh, and consult a personal injury lawyer before accepting any settlement offer.

Insurance companies often move quickly after a death, sometimes offering a settlement before your family fully understands the value of your claim. Taking time to get proper legal guidance first can make a big difference in the outcome.

Schedule a Free Consultation With Our Arlington Heights, IL Wrongful Death Attorney

Attorney Charles Adler places a high priority on fighting for his clients' rights against large insurance companies. He understands that these companies often try to minimize what families are owed after a tragedy like this.

Contact Adler Injury Law, Ltd. at 312-236-2700 to talk to our Cook County personal injury lawyer today, and let him help you get the compensation you deserve.