What Can I Recover From a Wrongful Death Lawsuit in Illinois?

 Posted on April 19, 2026 in Wrongful Death

If someone acted negligently, resulting in the death of someone you love, you may be able to recover money through a wrongful death lawsuit. Illinois law allows certain family members to seek compensation for the losses that come with losing a loved one, both financial and personal.

What you can recover depends on your relationship to the person who died, the circumstances of the death, and the impact the loss has had on your family. If you are not sure where to start, an Orland Park, IL wrongful death lawyer will investigate your case to help you understand what it may be worth and what steps to take next.

Who Can File for Damages Through a Wrongful Death Claim in IL?

Not everyone can file a wrongful death claim. Under the Illinois Wrongful Death Act, the deceased’s personal representative must file. That is usually the executor named in the will, or someone appointed by the court if there is no will. Any money recovered goes to the surviving spouse and next of kin, not to the estate itself.

Illinois law prioritizes spouses and children, but parents and other dependents may also have a claim depending on the situation. If you are not sure whether you qualify, that is one of the first things an attorney can help you sort out.

What Types of Compensation Are Available in an Illinois Wrongful Death Case?

Illinois wrongful death law allows families to recover several different types of damages. These fall into two broad categories: economic losses and personal losses.

Economic losses are the financial impacts the death has caused your family. These can include:

• Medical bills from the injury or illness that led to the death
• Funeral and burial expenses
• Lost income the deceased would have earned over their lifetime
• Lost benefits such as health insurance or pension contributions
• The value of the household services the deceased provided

Personal losses are harder to put a number on, but are just as real. Illinois law allows surviving family members to seek compensation for the grief, sorrow, and loss of companionship that comes with losing someone close. This includes the loss of guidance, love, and support that the deceased would have provided to a spouse or children over time.

Can You Also Recover Damages Through a Survival Action in Illinois?

Yes, you can file a survival action as well as a wrongful death claim in Illinois. A survival action is a separate claim that can be filed alongside a wrongful death lawsuit. Under the Illinois Survival Act, 755 ILCS 5/27-6, the estate can pursue compensation for what the deceased person experienced before they died. This can include the pain and suffering they went through, any lost wages between the time of injury and death, and medical costs incurred before death.

A wrongful death claim focuses on the family's losses. A survival action focuses on what the deceased person went through. Both can be filed at the same time, and together they give families a more complete picture of the compensation they may be entitled to.

Does Illinois Cap How Much You Can Recover From a Wrongful Death Claim?

Illinois does not cap economic damages in wrongful death cases. That means there is no legal limit on how much you can recover for things like lost income or medical bills. The amount is based on the actual losses your family has suffered.

For a time, Illinois had caps on non-economic damages like pain and suffering, but the Illinois Supreme Court struck those limits down. In 2026, families in Illinois can pursue full compensation for both economic and personal losses without an artificial ceiling cutting off what they are owed.

What Do You Have To Prove to Win a Wrongful Death Case?

To succeed in a wrongful death lawsuit, you generally have to show four things:

• That the defendant had a duty of care toward the person who died
• That they breached that duty, meaning they acted carelessly or wrongfully
• That the breach directly caused the death
• That the death resulted in measurable losses to the surviving family

The burden of proof in a civil case is lower than in a criminal case. You do not have to prove the defendant is guilty beyond a reasonable doubt. You only have to show that it is more likely than not that their actions caused the death. That standard gives families a real opportunity to pursue justice even when a criminal case was never filed or did not result in a conviction.

How Long Do You Have To File a Wrongful Death Claim in Illinois?

Under Illinois law, wrongful death claims generally must be filed within two years of the date of death. Missing that deadline almost always means losing the right to pursue the case entirely, regardless of how strong the claim might be. There are limited exceptions, such as cases involving minors, but those exceptions are narrow. Getting legal help sooner rather than later protects your ability to act.

Schedule a Free Consultation With Our Orland Park, IL Wrongful Death Attorney

Losing someone you love is painful enough without having to navigate a complicated legal process on your own. The Orland Park, IL wrongful death lawyer at Issa Law, LLC has litigated well over 100 contested matters, including pre-trial motions, bench trials, and jury trials in both criminal defense and personal injury cases. That depth of courtroom experience means your case is in the hands of someone who knows how to fight when it counts. Attorney Kal Issa handles wrongful death cases on a contingency fee basis, which means you pay nothing unless your case results in a recovery. Call 708-966-2408 to talk about what happened and find out how we can help your family move forward.