Wrongful Death Lawsuit 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.