How Do Wrongful Death Claims Work?

 Posted on April 30, 2025 in Wrongful Death

Losing a loved one due to someone else’s negligence or wrongdoing is devastating. In addition to grief, surviving family members are often left facing financial hardship, from medical bills and funeral expenses to the sudden loss of income and support. In Illinois, families have the right to pursue compensation through a wrongful death claim, which is a civil lawsuit filed against the party responsible for the death.

If you are in Chicago and wondering whether a wrongful death claim is right for your family, our Illinois personal injury lawyers are here to help.

What Is a Wrongful Death Claim?

A wrongful death claim is a lawsuit that arises when a person dies as a result of another party’s careless or intentional actions. These claims may involve car accidents, workplace incidents, medical malpractice, dangerous products, or criminal acts. In Illinois, wrongful death cases are governed by the Illinois Wrongful Death Act (740 ILCS 180/) and the Survival Act (755 ILCS 5/27-6).

The Wrongful Death Act allows surviving family members to seek compensation for losses they suffered due to the death, while the Survival Act lets the estate recover damages the person would have been entitled to if they had lived, such as pain and suffering before death.

Who Can File a Wrongful Death Lawsuit?

In Illinois, a wrongful death lawsuit must be filed by the personal representative of the deceased person’s estate. This is often a spouse, adult child, or parent, but it could also be someone named in the will or appointed by the Court. The lawsuit is brought on behalf of the surviving spouse and next of kin, such as children or parents.

What Compensation Is Available?

A successful wrongful death lawsuit can help provide financial stability for surviving family members. Damages may include:

• Funeral and burial expenses

• Medical bills related to the deceased’s final illness or injury

• Loss of the deceased’s income and benefits

• Loss of companionship, love, and guidance

• Grief and emotional suffering

Although no amount of money can replace a loved one, these damages can help a family recover and move forward.

What Is the Time Limit for Filing?

In Illinois, the statute of limitations for most wrongful death claims is two years from the date of death. However, if the death resulted from violent intentional conduct — such as murder — the time limit may be extended. It is critical to speak with a lawyer as soon as possible so that you do not miss any important deadlines.

Contact a Chicago Wrongful Death Attorney

If you have lost someone due to another party’s negligence or misconduct, the legal team at Winters Salzetta O'Brien & Richardson, LLC is here to help. Our Chicago, Illinois wrongful death attorneys can guide you through your options and advocate for the compensation your family deserves. Call 312-236-6324 to schedule a free consultation.