Living in Schaumburg, you know that life moves quickly along Higgins Road, Roselle Road, and the I-90 corridor. Families across Schaumburg, Arlington Heights, Elk Grove Village, and Palatine enjoy the strong communities here, but no one is prepared for the shock of suddenly losing a loved one in a preventable accident. As an attorney who represents families in wrongful death cases across Schaumburg and the northwest suburbs of Chicago, I’ve seen the heartbreak these tragedies cause. One of the most common and most important questions families ask me is: “How long do we have to file a wrongful death claim in Illinois?“
The answer can make the difference between protecting your family’s financial future and losing the right to pursue justice altogether. Illinois law gives families a set window of time to act. If you wait too long, you may be barred from recovering compensation, no matter how strong your case is.
Under the Illinois Wrongful Death Act(740 ILCS 180/1), when a person’s death is caused by the wrongful act, neglect, or default of another party, the deceased person’s surviving family members may pursue a lawsuit for damages. These damages are designed to compensate the surviving spouse and next of kin for their loss, including grief, sorrow, mental suffering, and financial support that the deceased would have provided.
The law recognizes that while no amount of money can replace your loved one, financial recovery can help ease the burden of funeral expenses, medical bills, and the loss of household income and support.
The statute of limitations is the time limit the law sets for filing a wrongful death claim. In Illinois, the general rule is that a wrongful death lawsuit must be filed within two yearsfrom the date of death (740 ILCS 180/2).
However, there are exceptions. For example, if the death was the result of a violent, intentional act, such as murder, the statute of limitations may be extended until one year after the conclusion of the criminal case. In cases involving medical malpractice, different timeframes may apply under the Illinois Medical Malpractice Statute (735 ILCS 5/13-212).
If a family misses the filing deadline, the court will almost always dismiss the case, regardless of the circumstances. That’s why it is essential to act as soon as possible after a wrongful death.
Even if two years sounds like a long time, every day that passes can make your case harder to prove. Evidence can be lost, witnesses’ memories fade, and insurance companies begin building their defense immediately. By talking with an attorney early, you protect your rights and allow us to start gathering the documentation and testimony needed to prove your case.
I’ve seen too many families wait because they were overwhelmed with grief, only to find that critical evidence had disappeared. Taking the step to consult with a lawyer does not mean you are moving past your grief — it means you are protecting your family’s future and holding the responsible party accountable.
In Illinois, a wrongful death claim must be filed by the personal representative of the deceased person’s estate. This is often the surviving spouse, an adult child, or another close family member appointed by the court. The damages recovered benefit the surviving spouse and next of kin.
Damages can include financial losses such as lost wages and benefits, as well as non-economic damages like grief, sorrow, and the loss of companionship. Families may also recover funeral and burial expenses. Illinois law specifically allows juries to consider the emotional suffering of the surviving family when awarding damages under 740 ILCS 180/2.
The general rule is two years from the date of death under 740 ILCS 180/2. There are exceptions, such as medical malpractice or intentional violent acts, but these require careful legal analysis. Missing the deadline almost always means the case cannot be filed.
A wrongful death claim compensates surviving family members for their loss. A survival action, authorized under 755 ILCS 5/27-6, allows the estate to recover damages the deceased could have pursued if they had lived, such as medical expenses, pain, and suffering prior to death. Many cases involve both types of claims filed together.
Yes. If the death resulted from a criminal act, the criminal case may run alongside the civil wrongful death case. A criminal conviction can help establish liability, but even if the defendant is acquitted in criminal court, you may still succeed in civil court since the burden of proof is lower in civil cases.
Yes. Just like in a personal injury case, you must prove that the death was caused by another party’s negligence or wrongful act. This could be a negligent driver, a careless doctor, a defective product manufacturer, or any party whose conduct directly caused the death.
The damages awarded are distributed to the surviving spouse and next of kin in shares determined by the court. The court considers the degree of dependency each person had on the deceased when allocating damages. This ensures that compensation is fairly shared among those most affected.
Even without a will, a wrongful death claim can still be pursued. The court will appoint a personal representative, often a spouse or adult child, to bring the claim on behalf of the family.
At SJ Injury Law, we understand the overwhelming grief and stress families face after losing a loved one due to negligence. With more than 50 years of combined experience, we have helped families in Schaumburg, Arlington Heights, Palatine, Elk Grove Village, Rolling Meadows, and across Illinois secure the justice and financial recovery they deserve.
Our mission is to stand by your family, protect your rights, and fight back against powerful insurance companies. We never charge upfront costs — you pay nothing unless we win for you.
If you have lost a loved one in Schaumburg or the surrounding suburbs, don’t wait until it is too late. Contact our Schaumburg wrongful death lawyerat SJ INJURY LAW by calling (847) 434-3555to receive your free consultation. We serve clients in Schaumburg, Chicago, and throughout Illinois.
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