Who Can File a Wrongful Death Claim if There Is No Immediate Family?

 Posted on February 08, 2026 in Wrongful Death

If there is no immediate family, a wrongful death claim in Illinois can often still be filed. In most cases, the claim is brought by a personal representative of the deceased person’s estate, and any compensation may go to the next of kin. Understanding who has the legal right to file is important because these cases follow specific rules.

The Centers for Disease Control and Prevention reports that unintentional injuries remain one of the leading causes of death in the United States, underscoring how suddenly families may face these tragic situations as we move into 2026. Losing someone unexpectedly can bring emotional and financial stress. During this difficult time, our Chicago, IL wrongful death lawyer can help you understand your options and guide you through the legal process with care.

What Is a Wrongful Death Claim in Illinois?

A wrongful death claim, addressed under the Wrongful Death Act, is a lawsuit addressing what to do when a person dies because another party acted carelessly or wrongfully. Carelessness is often called negligence in legal settings. It means someone failed to use reasonable caution, and that failure caused harm.

These claims help surviving relatives recover financial losses and hold the responsible parties accountable. Wrongful death cases often result from motor vehicle accidents, unsafe property conditions, workplace incidents, or medical mistakes.

Who Files a Wrongful Death Claim in Illinois if There Is No Immediate Family?

Illinois law requires the personal representative of the estate to file the wrongful death claim. This rule applies even when the deceased person does not have a spouse, children, or living parents.

Under 740 ILCS 180/2, the personal representative files the case on behalf of the surviving next of kin. If the person who died had a will, the executor named in that document usually serves as the personal representative. If there is no will, the probate court can appoint someone to take on this responsibility.

Who Counts as Next of Kin in an Illinois Wrongful Death Case?

When immediate family members are not available, courts look for other relatives who may have had a meaningful connection to the deceased.

Next of kin may include:

• Adult siblings
• Grandparents
• Aunts or uncles
• Cousins
• Other relatives who relied on the deceased for financial or emotional support

Every family is different. Courts carefully review the family structure before deciding who may receive compensation.

What Happens if No Relatives Can Be Found for a Wrongful Death Case in Illinois?

In rare situations, no qualifying relatives can be identified. Even then, the estate may still be able to pursue certain legal claims.

Illinois allows what is called a survival action under 755 ILCS 5/27-6. A survival action differs from a wrongful death claim because it focuses on the losses the deceased experienced before death rather than the family’s loss.

For example, the estate may seek compensation for medical expenses, lost income, and the pain the person experienced before passing. This allows the legal claim to continue even without close relatives.

What Damages Can Be Recovered in Wrongful Death Cases?

Damages refer to the financial compensation awarded after a successful claim. The goal is to help address the losses connected to the death and provide some financial stability.

Possible damages include:

• Funeral and burial costs
• Medical bills related to the final injury
• Loss of financial support
• Loss of companionship
• Grief and emotional suffering

Courts consider many factors when deciding how compensation should be distributed.

When Should You Contact a Chicago Wrongful Death Lawyer?

The sooner you contact an attorney, the more they can help with your case. Acting early helps preserve evidence, identify responsible parties, and prevent missed deadlines. It can also reduce stress, so families can focus on healing.

Local experience matters as well. Courts in Cook County follow specific procedures, and working with someone familiar with the area can help the process move more smoothly.

Schedule a Free Consultation With Our Chicago, IL Wrongful Death Attorneys

If you have lost a loved one and are unsure who can file a claim, you need compassionate legal guidance. At Winters Salzetta O'Brien & Richardson, LLC, you will work with Chicago, IL wrongful death lawyers who understand the emotional weight these cases carry.

Our attorneys bring diverse backgrounds and a unique approach to practicing law. They work collaboratively to evaluate each case from multiple angles and develop strategies focused on protecting your family’s interests. Call 312-236-6324 today to speak with an attorney about your legal options.