Illinois Wrongful Death Claims: Time Limits, Fees, and Who Can Sue

Illinois wrongful death claims let survivors seek compensation for financial and related losses after a death caused by another's negligence. Deadlines and the type of claim (wrongful death vs. survival action) affect whether you can sue. Most attorneys work on contingency; medical malpractice fees are subject to Illinois rules. A personal representative usually files on behalf of beneficiaries, and recoverable damages focus on pecuniary losses.

What is a wrongful death claim?

Wrongful death occurs when someone dies because of another party's negligence or intentional act. In Illinois, families can pursue civil claims to recover financial losses tied to that death. These claims are separate from criminal cases and focus on compensation for the survivors.

Deadlines matter: file promptly

Illinois law requires filing within a limited time. The applicable deadline depends on the type of claim (a wrongful death claim versus a survival action) and the date of injury or death. Missing the deadline generally bars recovery. If you think you have a claim, start the process quickly so an attorney can evaluate any applicable exceptions or tolling rules.

: specific filing periods and differences between wrongful death and survival actions may vary; confirm current statute of limitations.

Attorney fees and payment arrangements

Most wrongful death attorneys accept cases on a contingency-fee basis, meaning the lawyer is paid a percentage of any recovery. Contingency rates commonly fall in the 25-40% range, but they vary by firm and case complexity.

Illinois law also regulates contingency fees for medical malpractice cases with a sliding scale mechanism. Get the fee agreement in writing and keep a signed copy. Some firms will charge hourly fees in non-contingent situations.

¹: current Illinois statutes or court rules that set the exact sliding-scale percentages for medical malpractice contingency fees.

Common causes of wrongful death in Illinois

• Medical malpractice by doctors or hospitals

• Motor vehicle collisions (cars, trucks, buses)

• Workplace accidents and exposure to hazardous substances

• Nursing home neglect or abuse

• Fatalities during supervised activities or public events

Who can bring a claim and what can be recovered?

Typically, a personal representative files a wrongful death action on behalf of the decedent's estate and surviving beneficiaries. Recoverable damages generally include pecuniary losses - lost financial support, funeral expenses, and certain economic harms to dependents. Claims for loss of companionship or emotional damages vary by case and statute.

²: precise list of statutory beneficiaries (spouse, children, next of kin) and what non-economic damages are recoverable under Illinois law.

Takeaway: act quickly and get counsel

Wrongful death litigation involves strict deadlines, specialized rules, and complex damages calculations. Consult an experienced Illinois wrongful death attorney as soon as possible to preserve evidence, evaluate who may sue, and determine potential compensation.

1. Confirm current Illinois statute of limitations for wrongful death and survival actions (time limits and triggering dates).
2. Verify the specific beneficiaries authorized to recover under Illinois law and which non-economic damages (loss of companionship, consortium) are recoverable.
3. Confirm current Illinois statutory sliding-scale percentages or rules that govern contingency fees in medical malpractice cases.