Wrongful Death Law in Illinois
This page covers wrongful death law as it applies in Illinois — the state and federal laws that govern it, filing deadlines, where to get help, and notable in-state decisions. For what wrongful death protects generally, see the national overview.
Compiled from primary legal sourcesNot legal adviceHow we source this
Quick answer
Illinois law allows certain family members to sue for money damages when someone dies because of another person's or company's wrongful act. The lawsuit must be filed by the deceased person's personal representative on behalf of the surviving spouse and close relatives. Illinois also has a companion law called the Survival Act that lets the estate recover for the deceased person's own losses — such as medical bills and pre-death pain — before death. Deadlines can be as short as one year when a government entity is involved, so it is important to act quickly.
Laws that govern wrongful death in Illinois
Illinois state law
- Illinois Wrongful Death Act740 ILCS 180/
The primary Illinois law that creates the right to sue for compensation when a person's death is caused by another party's wrongful act, setting out who may file, for whose benefit, and what damages may be awarded.
- Illinois Survival Act755 ILCS 5/27-6
Allows the deceased person's estate to pursue the claims the deceased could have brought had they survived, including compensation for pre-death pain and suffering and medical expenses.
- Local Governmental and Governmental Employees Tort Immunity Act745 ILCS 10/
Limits the time to sue government entities and employees, reducing the general deadline to one year for most injury and death claims against local public entities.
- Code of Civil Procedure — Medical Malpractice Limitations735 ILCS 5/13-212
Governs the deadline to file wrongful death claims arising from medical negligence, imposing a two-year limitations period and a four-year statute of repose from the date of the negligent act.
Illinois-specific deadlines for wrongful death cases
Enter the date your problem happened to see which deadlines may already have passed. Not every deadline applies to every situation — this is a general estimate, not legal advice. Deadlines can be shorter, paused, or extended.
- Deadline to file a wrongful death lawsuit (general rule): 2 years
The two-year clock runs from the date of death, not the date of the incident that caused it. This is the standard deadline for most wrongful death cases in Illinois.
740 ILCS 180/2
- Extended deadline when death resulted from intentional violent conduct (Molly's Law): 5 years from death, or 1 year after final disposition of the criminal case, whichever is later
Enacted in 2016, Molly's Law applies when the death was caused by intentional violent conduct such as murder or drug-induced homicide. Families may have until one year after the criminal case concludes if that date falls after the five-year period.
740 ILCS 180/2.2
- Deadline to sue a local government entity: 1 year
When the defendant is a local government — such as a city, county, or school district — the Local Governmental and Governmental Employees Tort Immunity Act shortens the deadline to one year from the date of injury or death.
745 ILCS 10/8-101
- Deadline for a wrongful death claim based on medical malpractice: 2 years from date of death
A four-year statute of repose also applies, measured from the date of the negligent medical act or omission. If the four-year period expires before two years from death runs out, the claim may be barred regardless.
735 ILCS 5/13-212
These deadlines are general estimates. They can be shorter than they appear, and can be paused (“tolled”) or extended in specific situations. This is not legal advice. If any deadline is near or has passed, talk to a lawyer right away.
Where to go & how to get help
Government agencies and non-profit legal-help organizations for wrongful death in Illinois.
Oversees Illinois circuit courts where wrongful death lawsuits are filed; provides court forms, self-help resources, and court location information.
- Illinois Legal Aid Onlinelegal aid
Free 24/7 legal information, forms, and referrals for Illinois residents who cannot afford a lawyer, including guidance on civil lawsuits and finding local legal aid offices.
Free searchable directory of Illinois attorneys by location and practice area; phone referral consultations are available for a modest fee.
Official U.S. government starting point for finding free or low-cost legal help and legal-aid programs near you.
Locate the LSC-funded legal-aid organization that serves your county for civil (non-criminal) legal problems.
Find your state or local bar association lawyer-referral service and free legal-answer programs.
Find your state attorney general to file consumer-protection, civil-rights, or other complaints.
How to take action in Illinois
- 1
Gather records right away
Collect the death certificate, accident or incident reports, medical records, and any police or coroner reports. These documents are the foundation of any claim and become harder to obtain as time passes.
- 2
Identify or appoint a personal representative
Under the Illinois Wrongful Death Act, the lawsuit must be filed by the personal representative of the deceased person's estate. If no will names one, a probate court can appoint a representative — often the surviving spouse or an adult child.
- 3
Identify all potential defendants
Responsible parties can include individuals, businesses, product manufacturers, medical providers, or government entities. If a local government entity may be involved, the deadline to sue is only one year instead of two.
- 4
Consult a lawyer before the deadline
The general deadline is two years from the date of death, but shorter and longer deadlines apply in some cases. An attorney can identify which deadlines apply to your specific situation and help you avoid missing them.
- 5
File the lawsuit in Illinois circuit court
Wrongful death cases are civil lawsuits filed in an Illinois circuit court, generally in the county where the death occurred or where the defendant is located.
- 6
Consider also filing a Survival Act claim
The Illinois Survival Act (755 ILCS 5/27-6) allows the estate to also recover what the deceased person lost personally — such as medical expenses and pre-death pain and suffering — and both claims are typically filed together in the same lawsuit.
A general roadmap, not legal advice — the right steps depend on your situation and deadlines.
Common questions about wrongful death in Illinois
Who is allowed to file a wrongful death lawsuit in Illinois?
The lawsuit must be filed by the personal representative of the deceased person's estate. That person acts on behalf of the surviving spouse and next of kin, and the money recovered goes to those family members. If there is no surviving spouse or next of kin at the time of filing, the recovery goes to the estate instead.
What family members can receive money from a wrongful death case?
The money recovered goes to the surviving spouse and next of kin of the deceased person. Next of kin generally means children, parents, and siblings, depending on who is still alive. Illinois does not cap the amount that can be awarded in most wrongful death cases.
What kinds of losses can be included in a wrongful death claim?
Illinois courts can award compensation for the financial support the deceased person would have provided, as well as for the grief, sorrow, and mental suffering of the surviving spouse and next of kin. Punitive damages may also be available when the conduct was especially reckless or intentional. A companion Survival Act claim can add the deceased person's own pre-death medical bills and pain and suffering.
How long do I have to file a wrongful death lawsuit in Illinois?
The general deadline is two years from the date of death under 740 ILCS 180/2. If the death was caused by intentional violent conduct — such as murder — a provision called Molly's Law (740 ILCS 180/2.2) may give families five years from the date of death, or one year after the final outcome of any related criminal case, whichever gives more time. Claims against local government entities must be filed within one year.
What if the death was caused by a doctor's or hospital's mistake?
If the death resulted from medical malpractice, Illinois law under 735 ILCS 5/13-212 generally requires a lawsuit within two years of the date of death. An outer deadline called a statute of repose also applies — the lawsuit must also be filed within four years of the date the negligent act occurred, even if death came later. These two deadlines can interact in complicated ways, making it critical to consult an attorney quickly.
What is the difference between a wrongful death claim and a Survival Act claim?
A wrongful death claim compensates surviving family members for their own losses, such as lost financial support and grief. A Survival Act claim compensates the deceased person's estate for what the deceased personally lost — including medical expenses and pain and suffering from the time of injury to death. Both types of claims are often filed together in the same lawsuit.
What if the person who caused the death was also criminally charged?
A criminal case and a civil wrongful death lawsuit are separate legal proceedings that can both move forward. If the death resulted from intentional violent conduct and a criminal charge was filed, Molly's Law (740 ILCS 180/2.2) may extend the family's deadline to bring a civil lawsuit to one year after the final outcome of the criminal case.
Not legal advice. State-specific statutes, deadlines and procedures are being sourced and will appear here.