Can I File Both a Wrongful Death Claim and a Survival Action in Illinois?

 Posted on September 17, 2025 in Wrongful Death

When a loved one dies due to negligence or misconduct, it can leave you with severe emotional and financial distress. No law can cure the emotional damage, but there are avenues for recovering monetary compensation. 

Based on the details of your case, you may be able to recover compensation through both a wrongful death claim and a survival action. These processes are very closely related, but they do not address the same losses. An experienced Orland Park, IL wrongful death lawyer can guide you through the claims and help you understand the losses you can recover.

What Is the Difference Between a Wrongful Death Claim and a Survival Action?

Illinois law recognizes two different legal claims when someone dies because of another party’s actions. A wrongful death claim, under the Illinois Wrongful Death Act, is brought by the personal representative of your loved one’s estate. This type of claim is meant to compensate surviving family members for the losses they suffer, including financial support, companionship, and emotional suffering.

On the other hand, a survival action is based on the Illinois Survival Act. Through this law, the estate can recover damages your loved one could have claimed if they had lived. Any damages recovered through a survival action are ultimately distributed through the estate to heirs or beneficiaries.

Who Can File a Wrongful Death Claim in Illinois?

Only the personal representative of your loved one’s estate may file a wrongful death lawsuit on behalf of the surviving family. This representative is often named in the deceased’s will, but if no one is appointed, the court can assign someone to the role.

Family members who typically benefit from a wrongful death claim include spouses and children. Sometimes, parents may receive compensation on behalf of their deceased child. The court’s goal is to provide financial relief to the person’s relatives who relied on them for financial support. 

Under 740 ILCS 180/2(d), a wrongful death lawsuit typically must be filed within two years of the person’s death, with limited exceptions. Quick action is the best way to ensure you have sufficient evidence, and an experienced attorney will investigate to find all recoverable damages.

Recoverable Damages From a Wrongful Death Claim and Survival Action in Illinois

Because these two legal actions serve different purposes, the damages that can be recovered also differ. In a wrongful death claim, compensation may cover loss of financial support; loss of companionship and guidance; and your grief, sorrow, and mental suffering.

In a survival action, the damages focus on what your loved one endured before passing. You may be able to recover medical expenses related to the injury; pain and suffering before death; and lost income or benefits between injury and death.

Pursuing both claims addresses the full scope of your losses, from the emotional impact to the financial and physical suffering your family member endured.

Contact an Orland Park, IL Wrongful Death Attorney Today

If you have lost a loved one due to negligence, a knowledgeable Orland Park, IL wrongful death lawyer can help. At Issa Law, LLC, we will evaluate your case, explain whether both a wrongful death claim and a survival action are possible, and help you pursue the maximum compensation available. With a record of litigating well over 100 cases, attorney Kal Issa will bring tested courtroom skill to your case.

We handle personal injury cases on a contingency-fee basis, which means you pay no attorney’s fees unless we help you recover compensation. This approach allows you to pursue justice without worrying about upfront costs. Call us today at 708-966-2408 to schedule a free consultation.