State file: Illinois

Wrongful Death Attorneys in Illinois: Your Complete Legal Guide

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2 years General deadline, as the table of this guide gives it. Exceptions are in the guide.

Illinois counts grief as part of what a family loses. Under the Wrongful Death Act, the action is brought in the names of the personal representatives for the exclusive benefit of the surviving spouse and next of kin, and the jury may award fair and just compensation for their pecuniary injuries, which include grief, sorrow and mental suffering. Punitive damages are also available where the statute permits them, and the general filing period is two years.

Illinois Wrongful Death at a Glance

Question Illinois answer
Liability 740 ILCS 180/1
Who brings the action? The personal representatives (740 ILCS 180/2)
For whom? The surviving spouse and next of kin, exclusively (180/2)
Damages Fair and just compensation for pecuniary injuries, including grief, sorrow and mental suffering; punitive damages where the statute allows (180/2)
Deadline Two years as the general filing period (180/2)

Who Brings the Case and for Whom

The Illinois Wrongful Death Act, 740 ILCS 180/1, creates liability for a death caused by wrongful act, neglect or default under the conditions the statute sets. Section 180/2 requires the action to be brought in the names of the personal representatives of the person who died, for the exclusive benefit of the surviving spouse and next of kin.

What Can Be Recovered

The jury may award fair and just compensation for the pecuniary injuries resulting from the death to the surviving spouse and next of kin. In Illinois, those pecuniary injuries include grief, sorrow and mental suffering. Punitive damages may also be awarded where the statute makes them available (180/2).

The Deadline

Subsection (d) of section 180/2 provides that, except as otherwise provided, the action must be commenced within two years after the death.

Topics This Guide Does Not Cover

The survival provision of the Probate Act, the comparative fault statute, the notice period for claims against local public entities and claims in the Court of Claims were not reviewed for this guide. How they apply to a particular death is a question for counsel.

The firm listings below are separate from the legal information above. Statements about the law in a firm description are not part of this guide’s legal review.

Top 3 Wrongful Death Attorneys in Illinois

1. Salvi, Schostok & Pritchard P.C.

This firm routinely secures record-breaking verdicts in Illinois, including cases well over $100 million. Their heavy-hitting trial lawyers aggressively litigate fatal medical errors, birth injuries, and catastrophic auto accidents, focusing heavily on the grief and sorrow damages permitted under Illinois law.

2. Clifford Law Offices

Clifford Law is internationally recognized, particularly famous for aviation disasters – they were lead counsel in the Boeing 737 MAX litigation. If a wrongful death involves a commercial airline, mass transit, or massive corporate negligence in Illinois, this firm has the elite resources and reputation required to hold global corporations accountable in court.

3. Corboy & Demetrio

A legendary Chicago firm with a history of multimillion-dollar settlements. They represent estates of victims in high-profile construction deaths, trucking accidents, and premises liability. They masterfully combine the wrongful death claim and the separate survival action to ensure families are compensated for every facet of the loss.

Frequently Asked Questions

Is grief recoverable in Illinois?

Yes. The Wrongful Death Act includes grief, sorrow and mental suffering within the pecuniary injuries the jury may compensate.

How long does the family have to file?

The general filing period under 740 ILCS 180/2 is two years.

Who files the case?

The personal representatives of the person who died, for the exclusive benefit of the surviving spouse and next of kin.

Sources and Last Review

Illinois Compiled Statutes, 740 ILCS 180/1 and 180/2. This page summarizes these provisions from secondary descriptions of the statutes; the official statutory text was not reviewed for this guide. Last updated October 2026. This page is general information about Illinois law, not legal advice about a specific death.