When a crash takes a life, no claim can undo the loss. What Illinois law can do is hold the responsible party accountable and provide for the family left behind. Illinois wrongful death and survival claims are governed by their own statutes, with their own deadlines and their own categories of recovery. If you lost a loved one in a Chicago crash, we handle these cases with the care they require. No fee unless we recover. Free, confidential consultation.
A fatal Illinois crash usually gives rise to two distinct claims, often brought together:
The two are brought by the personal representative of the estate, and the recovery is distributed according to Illinois law. Getting the structure right at the start protects the family's full recovery.
740 ILCS 180 · Illinois Wrongful Death Act.
755 ILCS 5/27-6 · Illinois Survival Act.
740 ILCS 180/2 · Deadline for wrongful death actions.
735 ILCS 5/2-1116 · Modified comparative fault, 51% bar.
Wrongful death recovery in Illinois flows to the surviving spouse and next of kin — typically a spouse and children first, then parents and other close relatives where there is no spouse or child. The action is filed by the personal representative (executor or administrator) of the estate on the family's behalf. Distribution depends on the degree of dependency and relationship, and disputes among potential beneficiaries are resolved by the court.
Wrongful death actions must generally be filed within one year of death or within the limitations period of the underlying injury (often two years), whichever is later, under 740 ILCS 180/2. If a government entity is involved — a CTA bus, a city vehicle, a dangerous road condition — far shorter notice and filing deadlines apply. Do not wait.
The personal representative of the estate files on behalf of the surviving spouse and next of kin. If no representative has been appointed, the court can appoint one so the claim can proceed.
Generally one year from death or the underlying injury limitations period, whichever is later, under 740 ILCS 180/2. Government-entity claims can be much shorter. Early consultation protects the deadline.
Yes. Since 2007 Illinois expressly allows recovery for grief, sorrow, and mental suffering, and these damages are not capped.
Recovery is still possible under Illinois modified comparative fault as long as the deceased was 50% or less at fault, with the award reduced by that percentage.
You should not have to navigate the legal process while you grieve. Talk to a Chicago wrongful death lawyer who will handle the claim with care and hold the responsible party accountable. The first call is free and confidential.
Call (312) 278-3625 Free · Confidential · Available 24/7 · All of Illinois