Statute of Limitations
Illinois: 2 years from date of death
2 years from date of death
Where to File in Illinois
Illinois Wrongful Death Statute: The Illinois Wrongful Death Act (740 ILCS 180/1 et seq.) authorizes wrongful death claims brought by the personal representative of the decedent's estate for the exclusive benefit of the surviving spouse and next of kin (typically children, then parents). Illinois also recognizes survival actions under the Survival Act (755 ILCS 5/27-6), allowing the estate to pursue claims the decedent could have brought had they lived, including pre-death pain and suffering.
Statute of Limitations: Illinois imposes a two-year statute of limitations for wrongful death claims under 740 ILCS 180/2, running from the date of death. Survival claims are also subject to the two-year limitations period. A notable exception applies where the decedent's death was caused by violent intentional conduct—the limitations period may be extended. Both claims are commonly filed together in the Circuit Court of the relevant county.
Recoverable Damages: Illinois wrongful death damages include grief, sorrow, and mental suffering of the surviving spouse and next of kin, as well as pecuniary losses including loss of financial support, loss of society, and loss of guidance. Illinois does not cap non-economic wrongful death damages following the Illinois Supreme Court's 2010 ruling striking down damage caps (Lebron v. Gottlieb Memorial Hospital). Punitive damages are not available under the Wrongful Death Act but may be available under the companion Survival Act where the defendant's conduct was malicious or egregious.
Venue and Procedural Notes: Illinois applies pure comparative fault, allowing recovery even when the decedent was partially at fault (damages reduced proportionally). Cook County Circuit Court handles significant wrongful death and mass tort litigation volume, including cases involving defective products, medical devices, and pharmaceuticals. Wrongful death and survival claims must be carefully pleaded together to preserve all available damages for both the statutory beneficiaries and the estate.
Exposure in Illinois
Source: Best v. Taylor Machine Works (1997); Illinois Supreme Court
Source: Illinois Courts
Source: 735 ILCS 5/13-202
Your Legal Team
Sophia Delacroix
Partner
Chicago, IL
Sophia Delacroix brings a unique combination of clinical nursing training and 19 years of legal experience to wrongful death and medical malpractice cases. Her background as a registered nurse before law school gives her an unmatched ability to read medical records, identify deviations from the nursing standard of care, and cross-examine defense medical experts effectively. Based in Chicago, Sophia has handled over 200 wrongful death cases in Cook County — one of the nation's most plaintiff-favorable jurisdictions — and has secured multiple seven- and eight-figure recoveries for families who lost loved ones to medical negligence and nursing home abuse. Illinois courts have struck down all wrongful death damages caps as unconstitutional, allowing Sophia to pursue full non-economic and punitive recovery for her clients.
Education
- J.D., Northwestern University Pritzker School of Law (2007)
- B.S., Nursing, Loyola University Chicago (2004)