What Is Considered Wrongful Death Under Illinois Law?

 Posted on June 21, 2025 in Wrongful Death

The unexpected loss of a loved one due to wrongful death can leave surviving family members and dependents overwhelmed with grief and uncertainty. Under these tragic circumstances, Illinois law provides a legal path to seek justice and financial compensation. If you are unsure about your right to damages after the death of your loved one, a knowledgeable Aurora, IL wrongful death attorney will guide you through the complex legal process and fight to hold the responsible party accountable.

What Does Illinois Law Say About Wrongful Death?

The Illinois Wrongful Death Act, 740 ILCS 180/0.01, defines wrongful death as occurring when a person dies as the result of another party’s wrongful act, neglect, or default, and the act would have allowed the victim to bring a personal injury lawsuit if they had survived. Wrongful death cases are civil actions, not criminal prosecutions. Therefore, even if the responsible party is not charged with a crime or is acquitted in criminal court, a civil action can still be brought against them for the damages, meaning monetary compensation, related to a wrongful death.

Wrongful death damages are meant to compensate the survivors for things like the loss of companionship, financial support, and the costs associated with a funeral and burial. In the long run, a wrongful death award can play a preventative role by holding individuals or institutions accountable and encouraging safer conduct.

What Types of Cases Qualify as Wrongful Deaths in Illinois?

A wrongful death claim can arise from a wide range of incidents, but the most common include:

• Car accidents: If your loved one died due to another driver’s negligence, such as speeding or drunk driving, you likely have a valid claim.

• Medical malpractice: When a healthcare provider or facility fails to uphold the standard of care, resulting in someone’s death, they can be held accountable.

• Nursing home neglect: When care facilities fail to provide adequate supervision or medical care, leading to death, they are liable.

• Criminal conduct: Criminal acts that result in someone’s death can lead to charges and a wrongful death claim.

Typically, claims can be filed under the Wrongful Death Act and the Survival Act, 755 ILCS 5/27-6. While the Wrongful Death Act focuses on compensation for your losses as a surviving family member, the Survival Act allows the estate to pursue damages, such as pain and suffering, medical expenses, and lost wages, that your loved one could have sought if they had survived.

Who Can File a Wrongful Death Lawsuit in Illinois?

Under Illinois law, a wrongful death lawsuit must be filed by a personal representative of the deceased individual. Often, they are named in the will, but if there is no will, the court can appoint a representative. Any award ordered from a wrongful death claim is meant to exclusively benefit the surviving spouse and next of kin. In practice, that means that the awarded damages will be limited to relatives who were financially dependent on the deceased. It is important to remember that Illinois has a strict statute of limitations for wrongful death lawsuits, as outlined in 740 ILCS 180/2. In most cases, a suit must be filed within two years from the date of death.

Contact Our Aurora, IL Wrongful Death Attorneys for a Free Consultation

At Kinnally Flaherty Krentz Loran Hodge & Masur P.C., our Kane County, IL wrongful death lawyers are dedicated to helping families pursue justice with compassion and skill. Many of our attorneys are placed among the top five percent in Illinois. Call 630-907-0909 to schedule your free consultation today.