When Can You File a Wrongful Death Lawsuit?

 Posted on April 09, 2025 in Personal Injury

If a loved one was killed due to the negligent or reckless actions of another, you may be eligible to file a wrongful death lawsuit whether that wrongful action was intentional (such as the case with murder), unintentional (as is the case when negligent driving leads to a car accident), or even if it was the result of medical malpractice. A wrongful death action can also be brought when the action that caused the death was a crime, although the lawsuit for wrongful death will be a separate civil case. An experienced Arlington Heights, IL personal injury attorney can advise you on whether you may file a wrongful death action against the person who caused your loved one’s death.

Under What Circumstances Can You Bring a Wrongful Death Lawsuit?

In Illinois, you may bring a wrongful death lawsuit if your loved one’s death was avoidable and can be traced to another person’s mistakes. The state’s wrongful death statute provides that a wrongful death occurs when a person dies due to someone else’s neglect, default, or otherwise wrongful act, and the person who died (known as the decedent) could have brought the claim themselves had they survived.

How Long Do You Have to Bring a Wrongful Death Claim?

Typically, you have two years from the time of the person’s death to bring the wrongful death lawsuit. However, if the death was caused by certain violent criminal or intentional actions, that statute of limitations for filing the claim is extended to five years.

What Damages Can You Seek in a Wrongful Death Action?

In an Illinois wrongful death action, you can recover damages to compensate you for your financial and emotional losses. This can include the loss of financial support, loss of consortium (meaning the loss of the person’s companionship), loss of education the person would have provided to your children, and compensation for things like funeral expenses and your mental suffering. You can also seek punitive damages if the wrongful death involved extreme misconduct.

Who Can File a Wrongful Death Action?

The surviving spouse and close family of the decedent can bring a wrongful death action. In other words, the person’s husband, wife, children, parents, and siblings are typically eligible to make these claims.

Call an Arlington Heights, IL Personal Injury Attorney 

At Dickler, Kahn, Slowikowski & Zavell, Ltd. we represent individuals who have lost loved ones to the wrongful actions of another and are seeking to recover compensation for their incalculable losses. Our experienced Cook County, IL personal injury attorneys can speak with you about your case and advise you on the next step. Call our offices for a private consultation at 847-593-5595.