The Illinois Wrongful Death Act

Attorneys for Families Who Lost a Loved One in a Car Accident, Nursing Home Abuse, or Negligent Act

The sudden loss of a loved one due to another person’s negligent or wrongful conduct is one of the most devastating events a family can endure. Beyond the emotional toll, the financial impact of funeral expenses, medical bills, lost income, and the intangible loss of companionship can be overwhelming. In Illinois, the Wrongful Death Act (740 ILCS 180) enables the families and representatives of those who have died because of another’s wrongful act, neglect, or default to pursue legal remedies and financial recovery.

At John J. Malm & Associates, we have earned the trust of families across Illinois by providing skilled, compassionate representation in the most serious and emotionally difficult cases. Our attorneys focus exclusively on personal injury and wrongful death matters, allowing us to bring deep legal knowledge, meticulous case preparation, and a results-driven approach to every client we serve. When negligence causes the loss of a loved one, we are committed to holding the responsible parties accountable and helping families pursue justice, financial security, and peace of mind during an incredibly challenging time.

“In the wake of losing a loved one, families should not be left to shoulder the emotional and financial burdens alone. The Illinois Wrongful Death Act exists to ensure that negligent parties are held accountable and that surviving family members have access to fair compensation. Compassionate legal guidance during this difficult time can make all the difference in securing justice and moving forward.” — John J. Malm, Naperville wrongful death attorney.

What Is the Illinois Wrongful Death Act?

The Illinois Wrongful Death Act is a statutory framework that permits certain surviving family members of a person who died due to the negligence, recklessness, or misconduct of another to bring a lawsuit seeking monetary damages for their losses. The Act was enacted to provide families with a civil remedy when a loved one’s death could have entitled the decedent to pursue a personal injury claim if they had survived.

The Act states that when a person’s death “shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages,” then the responsible person or entity is liable for damages under the Act.

How the Wrongful Death Act Applies to Claims in Illinois

To understand how the Act applies, it is helpful to break down its legal structure and procedural requirements:

Who May File a Wrongful Death Lawsuit

Under Illinois law, a wrongful death claim must be filed by the personal representative of the deceased person’s estate. The personal representative is usually appointed by the court and can be:

• The executor nominated in the decedent’s will
• An administrator appointed by the probate court if there is no will
• Another individual named by the court with the power to act on behalf of the estate

Once appointed, the personal representative is the official plaintiff in the wrongful death action. Although the representative files the lawsuit, the financial recovery is intended to benefit the surviving spouse and next of kin, such as children or parents, in accordance with the Act.

Basis for a Wrongful Death Claim

A wrongful death claim in Illinois typically arises when:

• A fatal car accident results from negligent or reckless driving
• Medical malpractice leads to a patient’s death
• A dangerous product causes a fatal injury
• A premises owner fails to maintain safe conditions, leading to a deadly accident
• Workplace hazards cause a fatal injury

The core requirement is that the decedent’s death resulted from conduct that would have supported a personal injury claim had the individual survived.

Relation to Survival Actions

It is important to differentiate a wrongful death action from a survival action. A survival action allows the decedent’s estate to pursue claims for injuries the decedent suffered before death (such as medical costs or pain and suffering) and is governed under a separate statute (the Illinois Survival Act). The wrongful death action focuses on the survivors’ losses resulting from the death itself. Both actions can be pursued concurrently.

Wrongful Death Statistics in Illinois

While wrongful deaths result from many types of fatal incidents, motor vehicle crashes remain one of the most frequent causes of wrongful death claims in Illinois. Recent state crash data shows that the state continues to experience a significant number of fatal traffic collisions each year.

According to traffic statistics:

• Illinois recorded more than 1,200 traffic fatalities annually in recent years, with 1,196 traffic deaths in 2024 and similar numbers in prior years.
• Data from 2022 reported 1,268 deaths in 1,147 fatal crashes on Illinois roads.
• Crash data for 2023 indicated that more than three people died per day in traffic accidents statewide, and fatal crashes accounted for a substantial share of preventable deaths on Illinois roads.

These statistics underscore the prevalence of accidents that can result in fatal outcomes and, consequently, wrongful death claims for grieving families.

Beyond car accidents, wrongful deaths in Illinois arise from medical negligence, workplace incidents, defective products, and other negligent or reckless conduct. Regardless of the underlying cause, the loss of a loved one due to someone else’s fault is both emotionally and financially devastating.

Recent Changes: Punitive Damages Now Available

Historically, Illinois wrongful death claims did not allow for the recovery of punitive damages, which are designed to punish particularly egregious conduct and deter similar conduct in the future. However, a legislative amendment effective August 11, 2023 altered this landscape. The Act was amended to permit punitive damages in wrongful death cases where the defendant’s conduct was sufficiently reprehensible.

Under the amended statute, wrongful death plaintiffs can seek punitive damages, but only under specific circumstances. The plaintiff must demonstrate that the defendant’s conduct was malicious, willful, fraudulent, or showed a reckless disregard for the safety of others. Punitive damages remain unavailable against certain defendants, including governmental entities and healthcare providers in malpractice contexts, due to separate statutory limitations.

Damages Recoverable Under the Wrongful Death Act

Illinois law recognizes two broad categories of damages in wrongful death cases:

Economic Damages

Economic damages compensate survivors for measurable financial losses, including:

• Medical expenses incurred before the decedent’s death
• Funeral and burial costs
• Loss of financial support the deceased would have provided
• Loss of benefits such as pension or insurance contributions

These damages are intended to restore the family to the financial position they would have occupied if the fatal incident had not occurred.

Non-Economic Damages

Non-economic damages compensate for losses that do not have a specific dollar amount but reflect the emotional and relational impact of the death. These may include:

• Loss of companionship, society, and affection
• Loss of parental guidance for minor children
• Loss of consortium for a surviving spouse
• Grief, sorrow, and mental suffering

The wrongful death statute allows courts and juries to award these damages to survivors who suffer non-financial loss because of the wrongful death.

Punitive Damages (When Applicable)

As noted above, punitive damages may now be awarded in qualified wrongful death cases when the defendant’s conduct is especially egregious, intentional, or reckless. These damages are separate from compensatory damages and aim to punish the defendant while deterring similar conduct by others in the future.

Statute of Limitations Under the Wrongful Death Act

Illinois imposes time limits on when a wrongful death lawsuit must be filed, known as the statute of limitations. In most wrongful death actions, the lawsuit must be brought within two years from the date of the decedent’s death, unless a different specific statute applies. This deadline is strictly enforced, and failure to file within the statutory period can bar recovery.

Frequently Asked Questions about the Illinois Wrongful Death Act

Q: Who can file a wrongful death claim in Illinois?
A: Only the personal representative of the deceased person’s estate is authorized to file a wrongful death lawsuit. This representative, often a spouse, adult child, or parent, brings the claim on behalf of the surviving family members.

Q: What kinds of accidents can support a wrongful death claim?
A: Wrongful death claims may arise from car crashes, medical malpractice, unsafe premises, workplace accidents, product defects, assaults, or any wrongful conduct that causes death.

Q: Can punitive damages be recovered in a wrongful death case?
A: Yes. Illinois law permits punitive damages in wrongful death cases under certain conditions, particularly where the defendant’s conduct was malicious, willful, or reckless beyond ordinary negligence.

Q: What losses can family members recover?
A: Families may recover economic damages (medical bills, funeral expenses, lost financial support) and non-economic damages (loss of companionship and emotional support). Punitive damages may also be available in appropriate cases.

Q: How long do survivors have to file a wrongful death lawsuit?
A: In most situations, a wrongful death lawsuit must be filed within two years of the date of death in Illinois, with limited exceptions.

Contact the Compassionate Illinois Wrongful Death Attorneys at John J. Malm & Associates

Losing a family member due to another’s negligence is a profound tragedy that leaves emotional, financial, and practical challenges in its wake. The Illinois Wrongful Death Act provides a legal avenue for families to seek justice and compensation for their immeasurable loss. But wrongful death claims are governed by complex rules, including who may file, what damages are recoverable, and strict filing deadlines, that require careful navigation by qualified legal counsel.

If you have lost a loved one in an accident or due to another person’s wrongful conduct, you do not have to face this alone. At John J. Malm & Associates, our experienced Illinois wrongful death attorneys will work closely with your family to investigate the circumstances of the death, identify all liable parties, and pursue the full compensation you deserve under Illinois law.

Contact our firm today for a free consultation and let us help you protect your family’s rights during this difficult time. Your loved one’s life deserves to be honored with dedicated advocacy and experienced legal representation.