Who can file a wrongful death suit in Chicago?
Wrongful Death - May 5, 2026 by Horwitz, Horwitz & Associates
Under Illinois law, only the personal representative of the deceased may bring a wrongful death claim against those responsible for the wrongful act. Although they can’t file a wrongful death action, the surviving family members still benefit since settlements are paid directly to them.
It can be overwhelming to try to determine who can file a wrongful death lawsuit in Chicago and what you need to know about these cases. A Chicago wrongful death lawyer at Horwitz, Horwitz & Associates can help you understand your role, your rights, and what comes next.
What is a wrongful death lawsuit?
Under the Illinois Wrongful Death Act, a personal representative for the estate can file a claim on behalf of the deceased to recover compensation paid to the survivors for losing a loved one due to negligence or another wrongful act.
A wrongful death claim is different from a survival action. A survival action allows the estate to recover damages the person could have claimed before their death, such as medical bills or pain and suffering. A wrongful death claim focuses on the losses experienced by surviving family members.
If the surviving family members wish to begin a wrongful death lawsuit without a preceding personal injury claim, only the personal representative can contact a wrongful death lawyer and begin the process.
Which family members are eligible to file a wrongful death claim in Illinois?
In Illinois, the court appoints a personal representative, often a spouse or close family member, to file the wrongful death lawsuit on behalf of the estate. This person is usually named in the will or appointed through probate and is responsible for acting in the best interests of the estate and surviving family members.
Throughout the estate administration process, the personal representative has to prioritize the estate’s best interests and its assets. The same is true while taking legal action for the deceased’s wrongful death case.
How does the personal representative file a wrongful death lawsuit?
The personal representative is responsible for filing the claim, but most people work with a wrongful death attorney to handle the legal process and build a strong case and prove fault. They can gather evidence establishing who is at fault and how, build a case demonstrating the negligence or wrongful act that led to the death, and negotiate with other parties for a fair settlement.
A wrongful death lawyer should have experience with these kinds of claims, allowing them to efficiently navigate the various steps. They can prepare and file the petition, allowing the personal representative to begin the lawsuit. They can also advise when it may be time to proceed to trial.
What happens if there is no personal representative?
In a wrongful death claim where there is no will (known as intestate) and no designated personal representative, a family member can ask the court to appoint someone to serve in that role. That person can complete a petition with the Probate Division of the Cook County Circuit Court for an order appointing a representative for the decedent’s intestate estate. That person can then file the wrongful death lawsuit.
What damages can be recovered in a wrongful death case?
In most cases, your wrongful death attorney will tailor the case’s damage demands to the circumstances of the death. Common types of wrongful death include car accidents, assault, domestic violence, workplace accidents, and medical malpractice.
Generally, wrongful death damages include:
- Medical bills prior to death
- Loss of financial support for the surviving family members, especially for those who relied on the deceased for financial support
- Burial and funeral expenses
- Property damage associated with a pre-death personal injury claim by the deceased
- Loss of companionship, guidance, and support
The lawsuit can also request financial acknowledgment of the survivor’s grief, emotional distress, and mental anguish over their loss.
How are wrongful death settlements distributed in Illinois?
Under Illinois law, wrongful death compensation is distributed to surviving family members based on their level of dependency on the deceased. This usually includes a spouse and children, but may also include other next of kin. The court oversees how the settlement is divided to reflect each person’s loss. These funds do not become part of the estate and are not distributed according to the will.
What is the time limit to file a wrongful death lawsuit in Illinois?
The Illinois Wrongful Death Act allows only 2 years from the date of death to file a wrongful death lawsuit. In some cases involving criminal conduct, the timeline may be extended. The exact deadline depends on how the criminal case proceeds, so it’s important to get legal guidance early. There are many other factors that could affect the time limit, such as the death of a child, so it’s wise to speak with a wrongful death lawyer right away.
Get guidance after a wrongful death in Chicago
Losing someone because of someone else’s negligence turns your life upside down. Scheduling a free consultation with a Chicago wrongful death attorney can help you get clear answers about your options and what it takes to hold the right party accountable. Call (800) 985-1819 or contact us online to talk through your situation and learn how Horwitz, Horwitz & Associates can help.
