{"id":373168,"date":"2019-04-25T16:57:00","date_gmt":"2019-04-25T21:57:00","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/illinois-law\/illinois-wrongful-death-law.html"},"modified":"2025-01-02T15:58:56","modified_gmt":"2025-01-02T20:58:56","slug":"illinois-wrongful-death-law","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/illinois-law\/illinois-wrongful-death-law.html","title":{"rendered":"Illinois Wrongful Death Law"},"content":{"rendered":"\n
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Illinois Wrongful Death Law<\/h1>\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

The Illinois Wrongful Death Act defines a wrongful death as one caused by an act that would have allowed the decedent to file a personal injury claim. In Illinois, the decedent\u2019s family members can\u2019t file a wrongful death claim themselves. The executor of the decedent\u2019s estate must file the claim, and they have a short time to do so.<\/p>\r\n

The Illinois Survival Act lets the estate recover damages on behalf of the decedent. Wrongful death claims in Illinois are complicated, and surviving family members need a good wrongful death attorney and an understanding of Illinois law.<\/p>\r\n

Illinois Wrongful Death Law<\/b><\/h2>\r\n

The Illinois Wrongful Death Act<\/a> creates a cause of action for family members following the death of a loved one due to another person\u2019s negligence or failure to act. A wrongful death may also be due to violent intentional conduct, such as homicide<\/a>. The primary rule is that the decedent would have had their own cause of action but for their death.<\/p>\r\n

A wrongful death case arises from many causes, including:<\/p>\r\n