Chicago Wrongful Death Lawyer
There is nothing a legal claim can put right here. What it can do is hold the responsible party to account and make sure the people left behind are not also left with the financial consequences. This page explains how Illinois handles that, plainly, so you know what the decisions are before you have to make them.
Illinois Recognises Two Separate Claims
| Claim | What it compensates | Authority |
|---|---|---|
| Wrongful death | The losses of the surviving spouse and next of kin — grief, sorrow and mental suffering, loss of society and companionship, and the financial support the family has lost | Wrongful Death Act, 740 ILCS 180 |
| Survival action | What the person themselves suffered between the injury and death — their conscious pain and suffering, their medical bills, their lost earnings | Survival Act, 755 ILCS 5/27-6 |
Both are normally brought together by the personal representative of the estate. Which claim carries the value depends heavily on the facts — particularly whether the person survived for a period after the crash, and who depended on them.
The Deadline Runs From the Date of Death
A wrongful death action must generally be filed within two years of the date of death under 740 ILCS 180/2. That is not always the date of the crash. Where someone survives for weeks or months, the clock starts later — a distinction that matters, and one that people frequently get wrong in both directions.
Two shorter deadlines override it. A claim against a city, county, the CTA or another local public body must be filed within one year (745 ILCS 10/8-101). A dram shop claim against a bar or restaurant that over-served a driver carries its own one-year limit under the Liquor Control Act, 235 ILCS 5/6-21.
| Who you are claiming against | Deadline to file suit | Authority |
|---|---|---|
| Another private driver | Two years from the crash | 735 ILCS 5/13-202 |
| Vehicle damage only | Five years | 735 ILCS 5/13-205 |
| A city, county, the CTA or other local public body | One year from the crash | 745 ILCS 10/8-101 |
| The State of Illinois (IDOT and state agencies) | Two years, in the Court of Claims | 705 ILCS 505/22 |
| A wrongful death claim | Two years from the date of death | 740 ILCS 180/2 |
| An injured child | Generally two years after their 18th birthday | 735 ILCS 5/13-211 |
Pursuing Everyone Responsible
- The at-fault driver, and their employer where they were working
- A motor carrier, in a truck case — see our truck accident practice
- A bar or restaurant that served a visibly intoxicated driver, under the Dram Shop Act
- A vehicle or component manufacturer, where a defect contributed
- A road authority, where design or maintenance contributed — on the one-year clock
- The deceased driver’s estate, where the at-fault driver also died — see claims against a deceased driver’s estate
Where the at-fault driver carried minimum limits, underinsured motorist coverage on the family’s own policies frequently becomes the main source of recovery. UM and UIM claims.
Semi-truck wrongful death claims · When a drunk driver caused the crash.
A Note on Timing
Families often feel they should not be thinking about a legal claim yet. The honest position is that the evidence does not wait — vehicles get released and repaired, footage is overwritten, and in a commercial case the carrier’s investigators are working from day one. Speaking to a lawyer does not commit you to anything, and it costs nothing.
Talk to Us Before You Talk to the Insurance Company
The consultation is free, there is no obligation, and there is no attorney’s fee unless we recover for you. We will explain how case costs are handled before you sign anything.
Call (312) 346-4262 or send us the details below.
Phillips Law Offices
161 N Clark St, Suite 4925, Chicago, IL 60601
(312) 346-4262
Attorney advertising. Prior results do not guarantee or predict a similar outcome; every case is decided on its own facts. This page is general information about Illinois law, not legal advice, and reading it or contacting us does not create an attorney-client relationship — that relationship is formed only by a signed written agreement. Illinois law changes; confirm anything you intend to rely on with a licensed Illinois attorney.