What the Illinois Wrongful Death Statute Covers (740 ILCS 180/)

The Illinois Wrongful Death Act is located in 740 ILCS 180, or, Section 740 of the Illinois Compiled Statutes. It creates the legal right to bring a civil lawsuit when a person’s death is caused by another party’s negligence, default, or wrongful act. The law allows the surviving family to seek compensation for the losses they experience as a result of the death.

Under this law, a wrongful death claim is filed for the benefit of the surviving spouse and next of kin. The purpose is to compensate your family for financial loss, loss of companionship, and other recognized harms that result from the death. These damages exist because the person who suffered the injury is no longer able to bring the claim themselves.

The statute provides a clear structure so your family’s claim is filed correctly and the compensation is distributed according to Illinois law. Understanding what the Act covers helps you see how the legal process works and what protections are available after losing a loved one.

Who Is Allowed to File a Wrongful Death Claim in Illinois

Illinois requires that a wrongful death claim be filed by the personal representative of the deceased person’s estate. This requirement is set by 740 ILCS 180, and it determines who has the authority to bring the lawsuit.

The personal representative may be named in a will or appointed by the court when no representative exists. This person is often a spouse, parent, or adult child. They file the claim on behalf of all eligible family members and manage the legal process from start to finish.

This structure prevents multiple filings for the same death and ensures the claim is presented in a single, organized action.

Who Is Entitled to Compensation Under Illinois Wrongful Death Law

Illinois directs compensation to the surviving spouse and next of kin. This rule appears in the Wrongful Death Act and establishes who may legally receive the damages awarded through the claim.

“Next of kin” generally includes children, parents, or close family members who had a meaningful relationship with the person who passed away. The court considers the degree of financial and emotional dependence when dividing compensation.

This process ensures that the individuals most affected by the loss receive a fair share of the recovery.

Illinois Wrongful Death Statute of Limitations (Time Limits)

Illinois requires most wrongful death claims to be filed within two years of the date of death. This rule appears in 740 ILCS 180/2 and acts as a strict filing deadline. If the claim is not filed on time, the court will dismiss it.

Certain cases follow different timelines. Wrongful deaths involving medical malpractice use the deadlines set under the Illinois medical malpractice law. Cases involving criminal conduct may also follow extended time limits tied to the criminal prosecution. These exceptions exist because some claims require additional fact-finding before the civil case can begin.

How Illinois Courts Calculate Wrongful Death Damages

Illinois calculates wrongful death damages based on pecuniary loss, which means the measurable financial and personal impact caused by the death. This standard is set by the Illinois Wrongful Death Act and directs courts to evaluate the losses experienced by the surviving spouse and next of kin.

Courts look at factors such as the decedent’s income, future earning capacity, benefits, and the value of services they provided. These details help establish the financial impact of the death on your family. Illinois also considers the decedent’s age, health, life expectancy, and the degree of support they provided.

Non-economic factors are also included. Since the 2015 amendment to the statute, courts may award damages for grief, sorrow, and loss of companionship. These losses reflect the emotional impact on family members and are determined based on the evidence presented.

This evaluation ensures that compensation reflects both the financial and personal harm caused by the death.

Difference Between Wrongful Death and Survival Action in Illinois

Illinois recognizes two separate claims when a person dies because of someone else’s negligence. A wrongful death claim compensates the surviving spouse and next of kin for their losses. A survival action compensates the estate for the losses the deceased person experienced before death. These claims serve different purposes and are often filed together.

A wrongful death claim seeks damages for financial loss, loss of companionship, and the emotional impact on surviving family members. These damages belong to the family and reflect the harm caused by the absence of the deceased.

A survival action covers the damages the person would have been entitled to recover if they had lived, such as pain and suffering, medical bills, or lost wages before death. These damages are paid to the estate and then distributed according to Illinois probate law.

Pursue the Full Compensation Illinois Law Offers

The Illinois Wrongful Death Statute gives your family the legal right to pursue compensation when a death is caused by another party’s negligence or wrongful act. The law defines who may file the claim, who may receive compensation, and what damages are recognized, including both financial and emotional loss.

These rules ensure the claim is brought properly and that compensation reflects the impact the death has on your family. Understanding the statute helps you see how the legal process works and what protections Illinois provides after a wrongful death.

Schedule a free wrongful death case review today.