Can I Pursue a Wrongful Death Case?

 Posted on June 10, 2026 in Wrongful Death

When someone is killed by the carelessness or intentional act of another person, their family is allowed to pursue a wrongful death claim. While it will not fill the void left behind by their loved one, it does offer the family some compensation for their loss.

If you recently lost a loved one to an event caused by another person or organization, you may wonder if you are eligible to file a wrongful death claim in 2026. There are specific requirements for filing, and a Chicago, IL wrongful death attorney can outline them for you.

What Counts as a Wrongful Death in Illinois?

A wrongful death happens when a person dies because of another party's "wrongful act, neglect, or default." In plain terms, if the person who died could have brought a personal injury claim if they had survived, their family can usually bring a wrongful death claim instead (740 ILCS 180).

Wrongful death claims may arise out of many situations, including:

• Car, truck, and motorcycle crashes
• Medical errors, such as a failure to diagnose a serious illness
• Nursing home neglect or abuse
• Dangerous or defective products
• Birth injuries to a mother or baby
• Criminal acts like assault or battery

Someone else's conduct lies at the center of each of these scenarios. Even if the conduct was unintentional, the person or organization that created the circumstances that led to someone's death can be held liable.

Who Has the Right to File a Wrongful Death Claim in Illinois?

Because a wrongful death claim is essentially a personal injury claim on behalf of the deceased, the representative of the deceased person's estate is permitted to file a wrongful death claim. This representative may be named in the deceased person's will, or they may be appointed by the court.

Even though the representative files the wrongful death case, the compensation is meant for the surviving spouse and next of kin. This includes relatives such as children or parents. The court distributes any recovery among those family members based on how much each one suffered from the loss.

What Can a Family Recover in an Illinois Wrongful Death Case?

Families can recover for both financial and emotional losses in an Illinois wrongful death case. A jury is asked to award an amount it finds fair and just on a case-by-case basis. The damages are meant to reflect what the family lost when their loved one died, not to put a price on the person's life.

Recoverable losses often include the income and financial support the person would have provided, the value of lost benefits and inheritance, and funeral and burial costs. Families can also recover compensation for the loss of the person's love, companionship, guidance, and society. When a parent dies, surviving children may seek damages for the loss of the instruction and moral training that the parent would have given them.

In cases involving especially reckless conduct, such as assault and battery, a court may also allow punitive damages. These are not damages paid by the person's insurance to the family for the causes listed above. Instead, they are meant to punish the wrongdoer for their actions and discourage similar behavior. Whether they're available depends on the specific facts of the case.

What Is a Survival Action, and How Does It Relate to a Wrongful Death Claim?

A survival action is a separate lawsuit that families may file on behalf of their deceased loved one. In a survival action, claimants may recover damages for the pain, suffering, and medical costs the person experienced before death.

Like a wrongful death claim, this suit is filed through the deceased’s estate. Families often pursue both wrongful death and survival action claims simultaneously.

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

You generally have two years from the date of death to file a wrongful death lawsuit in Illinois. This deadline is relatively firm. While exceptions exist, missing it usually means losing the right to sue.

Cases against government bodies, for example, may have shorter notice requirements specific to whichever government entity you are trying to sue. When the death resulted from violent, intentional conduct, the deadline can be extended to five years.

Understanding the time limits of your case is essential for successfully filing a wrongful death claim. If you’re unsure about which statutes of limitations apply to your case, speak to a lawyer. An experienced lawyer can also help you sort out whether there are multiple liable parties at fault for your loved one’s death.

Call a Chicago, IL Wrongful Death Attorney Today

Losing a family member to someone else's negligence is devastating. A wrongful death claim may not be able to ease the grief of your loss, but recovering applicable damages can give you and your family an added measure of financial stability while you mourn.

Our Chicago, IL personal injury lawyers have significant experience with difficult cases like these. We've recovered millions of dollars in damages for clients who have suffered because of someone else’s negligence. Call Winters Salzetta O'Brien & Richardson, LLC at 312-236-6324 today for a free consultation about your case.