Illinois law

Wrongful Death Laws in Illinois.

Illinois’s Wrongful Death Act at 740 ILCS 180/ allows the personal representative of the decedent’s estate to bring a wrongful-death action on behalf of the decedent’s surviving spouse and next of kin. Actions generally must be brought within 2 years of the death. Illinois separately recognizes a Survival Act claim for the decedent’s pre-death pain and suffering.

Last verified: 2026-04-17

State law

Statute of Limitations

2 years from date of death740 ILCS 180/2

Illinois wrongful-death actions must generally be filed within 2 years of the date of death.

State law

Key Illinois Statutes

Illinois Wrongful Death Act740 ILCS 180/

Illinois’s Wrongful Death Act governs who may bring the action and the damages available to the surviving spouse and next of kin.

Illinois Survival Act755 ILCS 5/27-6

Illinois’s Survival Act allows the decedent’s estate to pursue certain claims that the decedent could have brought if they had lived, including pre-death pain and suffering.

State law

Official Sources

Illinois General Assembly — Compiled Statutes

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Illinois.

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Wrongful Death Laws in Illinois.

Statute of Limitations

Key Illinois Statutes

Official Sources

Not Legal Advice

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