Illinois Wrongful Death, explained completely.

What is an Illinois wrongful death claim?

An Illinois wrongful death claim is a civil action seeking compensation for the death of a person caused by the wrongful act, neglect, or default of another. The claim arises under the Illinois Wrongful Death Act, codified at 740 ILCS 180/, which establishes the cause of action and identifies who can recover. The wrongful death claim is separate from any criminal prosecution that may also arise from the conduct that caused the death; criminal and civil proceedings can run in parallel.

The wrongful death claim is fundamentally a claim for the losses suffered by the surviving family members because of the death. It is not a claim brought by the decedent (the deceased person), since the deceased cannot bring a claim. Rather, the claim is brought on behalf of the surviving family by the personal representative of the estate, and any recovery is distributed to the statutory beneficiaries according to the statutory framework.

The elements of a wrongful death claim

To prevail on an Illinois wrongful death claim, the plaintiff must prove:

• Death of a person. The claim requires an actual death; severe injury alone does not give rise to a wrongful death claim, though the injured person may have their own personal injury claim.
• Caused by the wrongful act, neglect, or default of another. The same elements that would support a personal injury claim if the person had survived (duty, breach, causation), proven by a preponderance of the evidence.
• The death gives rise to a cause of action. The deceased would have had a personal injury claim against the defendant if they had survived.
• Surviving beneficiaries. The decedent left surviving family members in the statutory beneficiary classes who suffered losses.
• Damages. The surviving beneficiaries have suffered actual losses recoverable under the Act.

Wrongful death from motor vehicle crashes

Motor vehicle accidents are one of the most common causes of wrongful death claims in Illinois. Fatal car crashes, truck collisions, motorcycle crashes, rideshare incidents, and pedestrian or bicycle fatalities all give rise to wrongful death actions when caused by another driver's negligence. The Illinois Department of Transportation publishes annual crash data showing the volume of motor vehicle fatalities in the state. The legal framework for proving the underlying negligence is the same as in any motor vehicle case: modified comparative fault under 735 ILCS 5/2-1116, the same statutes of limitations adjustments, and the same evidentiary rules.

Wrongful death is a financial remedy

It is important to understand at the outset that a wrongful death claim is a financial remedy, not a means of accountability in the broader sense. No amount of money will undo the loss. The civil system can provide compensation for measurable economic and non-economic losses, but it cannot bring the person back. Many families pursue wrongful death claims not just for the financial recovery but to compel a defendant to acknowledge what happened, to obtain information about how the death occurred, and to establish a record of the wrongful conduct. These secondary purposes can be important parts of the process.

The two-statute framework

Illinois law provides two separate but complementary statutes that govern claims arising from death caused by another's wrongful conduct: the Wrongful Death Act and the Survival Act. These two acts compensate for different categories of loss, and they are typically pursued together in a single lawsuit. Understanding the distinction is fundamental to understanding any Illinois wrongful death case.

The Wrongful Death Act in detail

The Wrongful Death Act creates a new cause of action that did not exist at common law. At common law, a tort claim died with the victim. The Wrongful Death Act, originally enacted in 1853 and amended many times since, provides that when a death is caused by wrongful conduct that would have entitled the decedent to bring a personal injury claim if they had lived, the personal representative of the estate may bring an action for the benefit of the surviving beneficiaries.

The Wrongful Death Act compensates beneficiaries for the losses they themselves suffer because of the death: loss of the decedent's society, companionship, financial support, services, and (since 2007) grief, sorrow, and mental suffering. These are the survivors' losses, not the decedent's.

The Survival Act in detail

The Illinois Survival Act, codified at 755 ILCS 5/27-6, preserves claims that the decedent personally would have had if they had survived. Without the Survival Act, the decedent's claims would die with them, and the wrongdoer would escape liability for whatever pre-death harm the decedent suffered. The Survival Act prevents this windfall by allowing the personal representative of the estate to pursue the decedent's claims as if the decedent had lived.

The Survival Act compensates for the decedent's pre-death losses, including:

• Pre-death conscious pain and suffering. If the decedent was conscious and suffered pain between the injury and death, that pain and suffering is compensable.
• Pre-death medical expenses. Medical bills incurred between injury and death.
• Pre-death lost wages. Income lost between injury and death.
• Other pre-death damages the decedent could have recovered if they had lived.

How the two acts work together

A typical Illinois wrongful death lawsuit includes counts under both acts. The Wrongful Death Act counts seek the survivors' losses; the Survival Act counts seek the decedent's pre-death losses. The recoveries flow differently:

• Wrongful Death Act recoveries are distributed directly to the beneficiaries according to statutory rules and are generally not part of the decedent's estate. They are not subject to estate creditor claims and are not subject to estate taxes in the same way as estate assets.
• Survival Act recoveries become part of the decedent's estate and are subject to estate administration, including potentially the claims of the decedent's creditors and any estate tax considerations.

The distinction matters in cases where the decedent had significant debts or where estate tax issues are relevant.

The rule against double recovery

Although the two acts compensate for different categories of loss, the law guards against double recovery. The same specific item of damage cannot be recovered twice under the two acts. For example, the decedent's pre-death medical expenses are recovered under the Survival Act, not under the Wrongful Death Act. The decedent's loss of future earnings during the period between injury and death is a Survival Act claim; the loss of future financial support to the beneficiaries after death is a Wrongful Death Act claim. Careful pleading and proof keep the categories distinct.

Who can bring a wrongful death action

Under the Illinois Wrongful Death Act, the action must be brought by the personal representative of the decedent's estate. The personal representative is the person formally appointed by an Illinois probate court to administer the estate, typically called the executor (if named in a will) or the administrator (if there is no will or the named executor cannot serve).

Why a personal representative is required

Illinois law requires that the wrongful death action be brought in the name of the personal representative for several reasons:

• Consolidation. A single representative brings one action on behalf of all beneficiaries, avoiding multiple competing lawsuits.
• Proper distribution. The representative is responsible for ensuring any recovery is distributed according to the statutory framework.
• Estate administration. The Survival Act claims merge with the estate administration process, which is overseen by the probate court.
• Settlement approval. The representative obtains required court approval of any settlement, particularly when minor beneficiaries are involved.

Who can serve as personal representative

If the decedent had a valid will, the will typically names an executor. If the named executor is willing and able to serve, the probate court issues "letters testamentary" appointing them.

If the decedent had no will, or the named executor cannot serve, the probate court appoints an administrator. The Illinois Probate Act (755 ILCS 5/9-3) establishes the order of preference for appointment:

1. The surviving spouse
2. The legatees (those receiving property under the will, if any)
3. Children
4. Grandchildren
5. Parents
6. Siblings
7. Other relatives
8. The public administrator if no family member is willing

In wrongful death cases, the personal representative is usually a close family member, the surviving spouse, an adult child, or a parent depending on the family configuration.

Opening the probate estate

To bring a wrongful death action, a probate estate must be opened for the decedent. This is true even if the decedent had no other significant assets, the estate is opened specifically to allow the wrongful death action to proceed. The process typically involves:

• Filing a petition for letters of administration (or letters testamentary if there is a will) in the probate court of the county where the decedent was domiciled at the time of death
• Notice to interested parties
• Appointment of the personal representative by court order
• Issuance of letters of office that confirm the representative's authority

In Cook County, the Probate Division of the Cook County Circuit Court at the Daley Center handles these matters. Other counties have their own probate divisions. Opening an estate solely for wrongful death purposes is a relatively streamlined process when the only purpose is to authorize the tort claim.

If beneficiaries disagree

In some unfortunate cases, surviving family members disagree about how to proceed. Disputes may involve which family member should serve as personal representative, whether to settle a case, how to distribute proceeds, or whether to pursue the claim at all. These disputes are resolved by the probate court applying Illinois law. Experienced wrongful death attorneys often need to navigate not just the underlying tort claim but also intra-family dynamics.

Who can recover: beneficiary classes

The Illinois Wrongful Death Act identifies specific classes of surviving family members who may recover damages. Recovery is not distributed equally to all relatives; the statutory framework establishes a hierarchy of beneficiary classes, and within each class the distribution depends on each beneficiary's specific losses.

The statutory beneficiary classes

Under 740 ILCS 180/2, recovery in a wrongful death action is for the exclusive benefit of:

• The surviving spouse of the decedent
• The next of kin of the decedent

"Next of kin" is interpreted under Illinois law according to the rules of intestate succession in the Probate Act. The next of kin generally includes, in descending order of priority:

1. Surviving spouse and children of the decedent (or descendants of deceased children)
2. Parents and siblings of the decedent (if no spouse or descendants)
3. More remote relatives if no closer next of kin exists

Distribution among beneficiaries

Distribution of wrongful death proceeds among beneficiaries is based on the relative dependency on the decedent and the losses each beneficiary suffered. This is not a per-capita division. The court considers each beneficiary's individual circumstances:

• Financial dependency on the decedent
• Closeness of relationship with the decedent
• Age and life expectancy of each beneficiary
• Health and other circumstances

In practice, the personal representative and the wrongful death attorney typically propose a distribution that accounts for these factors, and the probate court approves the distribution. When beneficiaries agree on the proposed distribution, the process is straightforward. When they disagree, the probate court holds hearings and makes the final determination.

Adult children as beneficiaries

Adult children of a deceased parent are beneficiaries under the Wrongful Death Act even if they were not financially dependent on the parent. Illinois case law recognizes that the loss of a parent's society, guidance, and companionship is a real loss for adult children, even when those children are themselves financially independent. The damages may be smaller than for minor children or financially dependent adults, but they are recoverable.

Minor children as beneficiaries

Minor children are among the most significant beneficiaries when a parent dies, both because of their dependency and because of the long period of loss ahead. Damages for minor children include:

• Loss of future financial support during the child's minority (and sometimes beyond, if education or other ongoing support was expected)
• Loss of parental society, companionship, guidance, instruction, and care
• Loss of services the parent would have provided
• Grief, sorrow, and mental suffering (under the 2007 amendment to the Act)

When minor beneficiaries are involved, court approval of any settlement is required, and the settlement proceeds for the minor's share are typically placed in a court-supervised account or trust until the minor reaches majority.

Surviving parents in cases involving deceased adult children

When an adult child dies leaving no surviving spouse and no children, the parents may be the next of kin and primary beneficiaries. Illinois recognizes that the loss of an adult child is a profound loss for parents and that parents may have suffered real financial dependency in some cases (financial support, anticipated future inheritance reversed, anticipated future care). The recoverable damages for parents include grief, sorrow, and mental suffering, and any other categories that apply to their specific losses.

Siblings

Siblings can be beneficiaries when there is no surviving spouse, no children, and no surviving parents. Sibling cases are less common but can produce significant recovery when the sibling had a close relationship with the decedent or relied on the decedent for support.

Unmarried partners

Illinois does not generally recognize unmarried partners (sometimes called "common law spouses") as wrongful death beneficiaries. Illinois abolished common law marriage in 1905 (750 ILCS 5/214). Long-term unmarried partners, no matter how close, are not statutory beneficiaries unless they meet the technical definition of next of kin (which they generally do not). Civil unions and same-sex marriages performed after Illinois recognized them are treated as spousal relationships for wrongful death purposes.

Recoverable damages under each act

The damages recoverable in an Illinois wrongful death case are divided between the two statutes: the Wrongful Death Act compensates beneficiaries for their losses, and the Survival Act compensates for the decedent's pre-death losses. Understanding which category each item of damage falls into is essential to proper pleading and proof.

Damages under the Wrongful Death Act

The Wrongful Death Act compensates surviving beneficiaries for losses they personally suffered because of the decedent's death. Recoverable categories include:

• Loss of money, goods, and services. The financial support, household services, and other tangible contributions the decedent would have provided to the beneficiaries during the decedent's expected remaining lifetime.
• Loss of society. Companionship, love, affection, comfort, guidance, and care that the beneficiaries lost when the decedent died. This is a substantial category that recognizes that family relationships have value beyond financial support.
• Loss of consortium. For a surviving spouse, the loss of intimate spousal relations.
• Grief, sorrow, and mental suffering. Added by the 2007 amendment, this category compensates beneficiaries for the emotional losses they suffer because of the death.
• Funeral and burial expenses. Reasonable costs of the funeral, burial, cremation, and related expenses.
• Loss of inheritance. In some cases, the beneficiaries' loss of the inheritance they would have received from the decedent had the decedent lived to accumulate additional assets.

Damages under the Survival Act

The Survival Act compensates the estate for the decedent's own pre-death losses:

• Conscious pre-death pain and suffering. If the decedent was conscious between the injury and death and suffered pain, that suffering is compensable. Cases where death was instantaneous or where the decedent was unconscious throughout do not produce significant Survival Act pain-and-suffering recoveries.
• Pre-death medical expenses. Hospital, surgery, ambulance, and other medical costs incurred between injury and death.
• Pre-death lost wages. Income lost between injury and death.
• Pre-death disability and disfigurement. If the decedent suffered disability or disfigurement between injury and death.
• Pre-death property damage. Damage to the decedent's personal property at the time of injury.

Punitive damages

Whether punitive damages are recoverable in Illinois wrongful death cases is a more nuanced question than in personal injury cases. Punitive damages are allowed under the Survival Act when the decedent could have recovered punitive damages had they lived (for example, DUI cases involving the decedent). Punitive damages are generally not allowed under the Wrongful Death Act itself for the survivors' claims, but the underlying tort that caused the death may support a Survival Act punitive claim. This is a technical area requiring case-specific analysis.

Damages caps in Illinois wrongful death cases

Illinois does not cap non-economic damages in motor vehicle accident cases, including wrongful death cases (Lebron v. Gottlieb Memorial Hospital, 237 Ill. 2d 217 (2010)). Wrongful death verdicts and settlements can be very substantial when the underlying loss is substantial, and there is no statutory ceiling. This is significant because some states impose caps on wrongful death recoveries that limit even the most catastrophic cases.

How damages are valued

Wrongful death damages are inherently difficult to quantify because they involve estimating future losses (financial support over decades, lifetime loss of society) and intangible losses (grief, loss of relationship). The valuation process typically involves:

• Economist testimony projecting the decedent's future earnings and contributions over their expected remaining work life
• Life expectancy tables establishing the period of expected loss for each beneficiary
• Vocational evidence about the decedent's earning capacity, career trajectory, and likely future income
• Lay witness testimony from family members about the relationship, the decedent's character, the household contributions, and the impact of the loss
• Damages summary exhibits compiling the economic and non-economic categories

Proving the case without the decedent

Every wrongful death case shares one defining feature: the most important witness, the decedent, cannot testify. This creates evidentiary challenges that do not arise in ordinary personal injury cases and that shape how wrongful death cases are investigated, pleaded, and tried.

The Illinois Dead Man's Act

The Illinois Dead Man's Act, codified at 735 ILCS 5/8-201, limits the admissibility of testimony by certain interested parties about conversations with or events involving a decedent. The general rule is that an "adverse party" to a wrongful death action cannot testify to facts that occurred before the decedent's death when those facts would not be subject to rebuttal by the deceased.

The Dead Man's Act primarily affects what the defendant in a wrongful death case can testify about. A defendant driver, for example, may be limited in testifying about conversations with or actions of the decedent immediately before a crash. The rule prevents unfair advantage when the only person who could rebut the defendant's account is dead. The Dead Man's Act has many exceptions and nuances, and its application requires careful analysis in each case.

Circumstantial evidence and inference

Illinois law recognizes that in many wrongful death cases, the direct evidence of what happened to cause the death is limited or absent. Circumstantial evidence and reasonable inferences from physical evidence are critical:

• Physical evidence at the crash scene: skid marks, vehicle damage patterns, debris fields, road conditions
• Accident reconstruction by qualified experts using physical evidence to reconstruct what happened
• Surveillance and dashcam footage from nearby cameras or other vehicles
• Cell phone records and electronic data from the parties and any nearby vehicles
• Vehicle event data recorder (EDR) data from black boxes in modern vehicles
• Independent witness testimony from third parties who saw the crash

The presumption of due care

Illinois recognizes a presumption that the decedent exercised due care for their own safety at the time of the events that caused death. The instinct of self-preservation supports this presumption: the deceased presumably did not want to die and presumably acted to avoid harm. This presumption shifts some of the burden in comparative fault analysis and benefits the plaintiff's case where evidence of the decedent's conduct is sparse.

Establishing pre-death conscious pain and suffering

For Survival Act pain and suffering recovery, the plaintiff must establish that the decedent was conscious between the injury and death and that the decedent experienced pain or distress during that period. Evidence may include:

• Witness testimony from first responders, medical personnel, or bystanders
• Medical records from the hospital or scene
• Statements made by the decedent between injury and death
• Expert medical testimony on the nature of the injuries and likely conscious experience
• Physical evidence of the decedent's actions between injury and death (defensive wounds, attempts to call for help)

In cases where death was instantaneous (massive head trauma, immediate cardiac arrest), Survival Act pain-and-suffering damages may be minimal. In cases where the decedent survived for some period after injury, this can be a significant damages category.

Establishing damages without the decedent

The decedent's character, the quality of family relationships, the income trajectory the decedent likely would have followed, and other key damages issues must be established without the decedent's own testimony. Sources include:

• Family member testimony about the decedent's character, contributions, and relationships
• Employment records showing income and trajectory
• Education and training records showing earning potential
• Photographs, videos, and other memorabilia documenting family life
• Coworker, neighbor, and friend testimony as appropriate
• Expert testimony from economists, vocational experts, and life care planners

Settlement, court approval, and distribution

Illinois wrongful death cases involve procedural requirements that do not apply in ordinary personal injury cases. Court approval of settlements is required in most circumstances, and the distribution of recovery among beneficiaries follows a structured process under the supervision of the probate court.

Court approval of settlement

Settlement of an Illinois wrongful death claim generally requires court approval. This is true in virtually all cases, but the requirement is most rigorously enforced when minor beneficiaries are involved. The probate court that opened the estate (or the trial court hearing the wrongful death case, depending on procedural posture) reviews the proposed settlement and determines whether it is fair and reasonable.

The court considers:

• The total settlement amount in light of the case facts, damages, liability strength, and applicable insurance limits
• The attorney's contingency fee and case expenses
• The proposed distribution among beneficiaries
• The interests of any minor beneficiaries or other beneficiaries who cannot speak for themselves
• Any objections from beneficiaries or interested parties

If the court finds the settlement appropriate, it issues an order approving the settlement and authorizing distribution. If the court has concerns, it may direct changes or require additional information before approving.

The distribution process

After court approval, the settlement proceeds are distributed according to the approved plan. Typical steps include:

1. Payment of liens. Hospital liens, Medicare or Medicaid liens, ERISA liens, and any other valid liens on the recovery are paid from the gross proceeds.
2. Payment of attorney's fees and expenses. The contingency fee and reimbursable case expenses are paid.
3. Payment of funeral and burial expenses if not already paid from another source.
4. Distribution to beneficiaries according to the court-approved plan.
5. Minor beneficiary funds are placed in a court-supervised account, blocked savings account, structured settlement annuity, or guardianship account as the court directs.

Minor beneficiaries: special protections

When wrongful death proceeds include amounts for minor beneficiaries, Illinois law requires special protections:

• Guardianship. If significant funds will be held for the minor, a guardian of the estate may need to be appointed (separate from the personal representative of the decedent's estate).
• Restricted accounts. Funds for minors are typically placed in restricted accounts that cannot be withdrawn without court approval until the minor reaches majority.
• Structured settlements. In larger cases, settlements for minors are often structured as annuities that pay out over time, ensuring funds remain available throughout the minor's developmental years.
• Periodic court reporting. The guardian may be required to file periodic accountings showing how the funds have been managed.

Tax treatment

Wrongful death proceeds are generally not subject to federal income tax when the recovery is for physical injuries causing death (26 U.S.C. § 104(a)(2)). Most of the recovery in a wrongful death case is excludable from gross income. Illinois generally follows the federal treatment. There are nuances: punitive damages, if recovered, are typically taxable, and interest on settlement amounts is taxable. Tax advice from a qualified accountant or tax attorney is essential before final distribution.

Lien considerations

Wrongful death settlements may be subject to various liens that must be addressed:

• Hospital liens under Illinois law (770 ILCS 23/)
• Medicare conditional payment recovery for medical services Medicare paid before settlement
• Medicaid liens
• ERISA health plan liens for medical bills paid by the decedent's health plan
• Workers' compensation liens if a workers' comp claim was also pending

Negotiating lien reductions is a significant part of finalizing any wrongful death settlement.

Statute of limitations and deadlines

Illinois wrongful death claims are governed by their own statute of limitations under the Wrongful Death Act, with additional considerations when the underlying tort had a different limitations period. Missing these deadlines is fatal to the claim.

The two-year wrongful death statute

Under 740 ILCS 180/2, a wrongful death action must be commenced within two years of the date of death. This is the general rule. The two-year period runs from the date of death, which may differ from the date of the underlying injury if the decedent survived for some period before dying from injuries.

The Survival Act limitations period

The Survival Act preserves the limitations period that would have applied to the decedent's underlying claim if they had lived. For personal injury claims, this is two years from the date of injury under 735 ILCS 5/13-202. In motor vehicle cases, the underlying injury date is the date of the crash, not the date of death. Practical consequence: the Survival Act limitations period may expire before the Wrongful Death Act limitations period if the decedent survived for a significant time after the crash.

One-year deadline for government claims

When the wrongful death claim is against a government entity or government employee, the Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10/) imposes a one-year statute of limitations. This applies if:

• A government vehicle was involved
• A government employee was the at-fault driver
• A dangerous road condition on a government-maintained road contributed

The one-year deadline can quietly expire while the family is still grieving and addressing immediate concerns. Early consultation with an attorney is essential in any case potentially involving government liability.

Minor beneficiaries and tolling

When the wrongful death beneficiaries are minors, Illinois law does not generally toll the statute of limitations for the wrongful death claim itself, because the personal representative (an adult) is responsible for bringing the action. However, in some circumstances tolling provisions may apply, and Illinois case law on this issue should be reviewed in any specific case.

Practical timeline

In practice, families do not need to wait long to consult an attorney about a potential wrongful death claim. Early consultation has several benefits:

• Evidence preservation. Crash scenes, witnesses, vehicles, and electronic evidence (cell phone records, ELDs, ECMs, dashcam footage) may be lost if not preserved promptly.
• Identification of every defendant. Complex cases may involve multiple defendants whose identities need to be investigated early.
• Insurance notification. All relevant insurance carriers should be put on notice promptly.
• Probate estate opening. The estate must be opened to allow the wrongful death action; this is a process that takes time.
• Government claim deadlines. If any government entity may be liable, the one-year deadline applies.

A consultation does not commit the family to litigation. Attorneys can investigate, advise, and let families decide what to pursue when they are ready.

Common wrongful death scenarios

Illinois wrongful death claims arise from many different categories of wrongful conduct. Motor vehicle accidents are the most common but not the only category. Each scenario has its own evidentiary patterns, defendants, and procedural considerations.

Motor vehicle fatalities

Fatal motor vehicle crashes are the largest single category of Illinois wrongful death cases:

• Car-on-car fatalities. The most common type of motor vehicle wrongful death case.
• Truck crash fatalities. Higher case values due to commercial insurance coverage and federal regulatory framework.
• Motorcycle fatalities. Riders are killed at far higher rates per mile traveled than vehicle occupants.
• Pedestrian and cyclist fatalities. Increasing in recent years, often involving distracted or impaired drivers.
• Rideshare crash fatalities. Subject to the TNC coverage framework with $1 million policies in Periods 2 and 3.
• DUI crash fatalities. Often support punitive damages and Dram Shop claims against alcohol providers.

Other wrongful death scenarios

Beyond motor vehicle cases, Illinois wrongful death claims can arise from many other causes:

• Medical malpractice deaths. Subject to specific Illinois medical malpractice procedural requirements including the affidavit of merit requirement.
• Workplace deaths. Often involve Illinois workers' compensation exclusivity, but third-party claims may proceed.
• Defective product deaths. Illinois product liability law applies, with the discovery rule and statute of repose considerations.
• Premises liability deaths. Falls, drownings, electrocutions, or other deaths on dangerous property.
• Negligent security deaths. Apartment complexes, hotels, parking garages where inadequate security led to violence.
• Drowning deaths. Pools, lakes, and other water-related incidents.
• Nursing home deaths. Subject to specific statutes including the Nursing Home Care Act (210 ILCS 45/).
• Fire and explosion deaths. Structural fires, vehicle fires, industrial explosions.

Each category has its own specific legal framework, but the underlying Wrongful Death Act and Survival Act principles apply universally.

When you need a lawyer

Every Illinois wrongful death case requires attorney representation. The combination of probate court proceedings, the technical two-statute framework, the multiple potential defendants, the substantial damages at stake, and the procedural complexity of court-approved settlements makes self-representation in wrongful death cases not feasible.

When to call

If a family member has been killed in any incident potentially involving another party's negligence, you should consult an attorney. There is no obligation in an initial consultation, and the attorney can investigate and advise the family about whether there appears to be a viable claim, who the potential defendants may be, what evidence needs to be preserved, and what deadlines apply.

Specific situations where prompt consultation is essential:

• Any fatal motor vehicle crash
• Any death involving a commercial vehicle (truck, bus, delivery, rideshare)
• Any death involving a government vehicle, government employee, or government-maintained road condition (one-year deadline)
• Any death involving alcohol (potential Dram Shop claim)
• Any death where electronic evidence (ELD, ECM, dashcam, cell phone) may be relevant
• Any death where insurance carriers are reaching out to the family early
• Any death where there are multiple potential beneficiaries with potentially different interests

How contingency fees work in wrongful death cases

Illinois wrongful death attorneys typically work on contingency:

• No upfront fee. Free initial consultation.
• No fee unless recovery. The attorney is paid only from amounts recovered.
• Contingency percentage typically one-third of the gross recovery, sometimes higher in litigated cases.
• Case expenses (probate filing fees, expert witnesses, accident reconstruction, depositions) advanced by the attorney and reimbursed from the recovery.
• Court approval of fees. The probate court reviews and approves the contingency fee as part of settlement approval.

What to look for in a wrongful death attorney

• Experience with Illinois wrongful death cases specifically, not just general personal injury
• Familiarity with the probate process required to bring the action
• Track record of wrongful death settlements and verdicts
• Resources for the substantial case investment wrongful death cases require
• A communication style that works for the family, including being available during a difficult time
• Willingness to litigate if settlement does not produce fair compensation

Frequently asked questions

Quick-answer references to the most-asked questions about Illinois wrongful death claims.

Related references

Continue your research with these related pillar references on the Chicago Accident Encyclopedia.