Illinois Wrongful Death Statute of Limitations

At our law firm, we understand how difficult it is to lose a loved one, especially when their death was caused by someone’s negligence. One important legal time frame you need to know about is the Illinois wrongful death statute of limitations. 

This is the deadline state law sets for filing a wrongful death claim. If you don’t file within this period, you may lose your right to seek compensation for your loss. Contact Rosenfeld Injury Lawyers to speak with our Chicago wrongful death lawyers.  

What is the Standard Time Frame to File a Wrongful Death Case in Chicago? 

In Chicago, the usual statute of limitations to file a wrongful death lawsuit is two years after the death occurred. This rule comes from the Illinois Wrongful Death Act (740 ILCS 180/2(d)) and means you need to start your claim within that time or risk losing the chance to seek justice and compensation.

Why Acting Quickly After a Loved One’s Death is Crucial

After the loss of a loved one, it’s important to reach out to a wrongful death attorney as soon as possible. Building a strong case requires time to gather evidence, including medical records, interview witnesses, and investigate the circumstances surrounding the death.  

Starting early helps ensure nothing is overlooked and increases the chances of meeting the statute of limitations. Waiting too long can make it harder to collect the facts you need and may even prevent you from filing a legal claim and obtaining a wrongful death settlement. 

Consequences of Missing the Illinois Filing Deadline

Missing the statute of limitations for wrongful death in Illinois has serious consequences. If the wrongful death lawsuit is not filed by the personal representative within the required time frame, the court will dismiss the case and the family loses the chance to pursue any financial compensation. This means that no matter how strong the evidence or how responsible the at-fault party may be, the family’s legal rights to compensation are permanently forfeited.

Exceptions That Can Extend the Time Limit for Family Members

While Illinois law sets a standard two-year statute of limitations to file most wrongful death claims, there are certain situations that can extend this time limit, giving family members more time to act.  

Claims Involving Minor Beneficiaries    

If a family member entitled to compensation is under 18 when the loved one dies, the Illinois statute of limitations for wrongful death is usually paused. The clock starts once the minor turns 18, giving them two years from that date to file a claim. 

The “Discovery Rule” in Medical Malpractice Wrongful Death Cases 

In medical malpractice cases where a loved one’s death is caused by someone else’s negligence, the deadline starts when the family discovers, or should have reasonably discovered, that malpractice played a role. Sometimes medical mistakes cannot be discovered right away. 

Cases Involving Violent Intentional Conduct or Criminal Proceedings 

When a death results from violent crimes such as murder, intentional homicide of an unborn child, reckless homicide, drug induced homicide, or other types of intentional violence or criminal misconduct, the law allows a longer window. Surviving family members can file within five years of the death or within one year after the related criminal case ends – whichever is later.    

Defendant Required to Pay Into an Escrow Account

When a defendant is found guilty of a crime that led to the victim’s death and is required to contribute funds to an escrow account under the Criminal Victims’ Escrow Account Act, the usual two-year deadline to file wrongful death claims is two years after the account is established. 

Fraudulent Concealment by the Defendant

If the responsible party tried to hide the cause of death, the statute of limitations may be paused. In these cases, families could have up to five years from when they identify the true cause to file their claim. 

It’s always best to reach out to an attorney as soon as possible.

Exceptions Potentially Shortening Your Time to Act

There are also certain circumstances that can shorten the wrongful death statute of limitations, making timely legal action even more important.

Claims Against Government Entities 

If you are filing against a state or local government agency, the law usually requires you to file a claim for wrongful death in Illinois within one year of your loved one’s death. In addition, you often must submit a formal written Notice of Claim well before the wrongful death lawsuit deadline – sometimes within just a few months.  

Impact of the Underlying Personal Injury Statute of Limitations 

If the Illinois statute of limitations for the original injury that caused the death –  for example, an asbestos exposure or medical malpractice legal claim – expired before the person passed away, you might also be barred from filing a wrongful death lawsuit. This means the clock may have started ticking well before the death itself. 

Because these rules surrounding Illinois wrongful death statute of limitations significantly affect your ability to file, it’s important to speak with a wrongful death and personal injury lawyer as soon as possible. 

Understanding the Statute of Repose in Medical Malpractice Deaths

In Illinois medical malpractice wrongful death cases, there is an important deadline called the statute of repose that limits how long after the negligent act a wrongful death lawsuit can be filed. No matter when the injury or death is discovered, the law generally bars filing a claim more than four years from when the malpractice actually happened.  

This means even if the problem was hidden and only became apparent much later, the window to bring a case is firmly closed after four years, with only a few narrow exceptions. 

Understanding this cutoff is essential for families considering a medical malpractice claim for damages like lost wages, funeral expenses, and burial expenses as a result of negligent or intentional misconduct.

How Does the Illinois Survival Act Deadline Differ?

The Illinois Survival Act, which allows the deceased person’s estate to recover damages for losses suffered before death, has its own deadlines that differ from wrongful death claims. Typically, the time limit of the survival claim depends on when the original personal injury claim would have expired or falls around one year after the person died – whichever comes later. 

This means the estate has a separate window to recover compensation for physical pain, emotional distress, medical expenses, and other losses incurred before death, and it’s important to consider both deadlines when filing a case.    

Calculating the Deadline: When Does the Clock Start?

In most wrongful death lawsuits, the deadline to file begins on the date the loved one passed away. However, certain exceptions – like the discovery rule – can change when the clock starts ticking. 

For example, if the cause of death wasn’t immediately known, the time limit might begin when the surviving family members learned or reasonably should have learned about the wrongful act.  

This can make calculating deadlines incredibly complicated, so it’s important to get professional advice about the legal system to understand exactly when your time to file begins.

Why You Need Chicago Wrongful Death Attorneys to Determine Your Deadline

Determining the right statute of limitations to initiate a wrongful death claim in Illinois is not always straightforward. The Illinois wrongful death statute of limitations can be affected by many details, including when the death happened, when it was discovered, and if any special exceptions apply. Navigating these rules requires experience and a thorough understanding of Illinois law.   

How Our Chicago Wrongful Death Lawyers Ensure Timely Filing of Your Wrongful Death Action

When you come to our firm, one of the first things we do is carefully review your case to identify the wrongful death statute of limitations. We immediately mark those dates to make sure nothing is missed.  

Our team prepares and files all necessary documents well ahead of the Illinois wrongful death statute of limitations so you don’t have to worry about losing your right to pursue a claim. 

Don’t Forfeit Your Right to Compensation: Act Before Time Runs Out

The statute of limitations for wrongful death claims is a strict deadline that cannot be extended. If you wait too long, you risk permanently losing your chance to seek compensation for your loss, like mental suffering. 

Reach out to an experienced wrongful death attorney as soon as possible to protect your rights and start the process of holding those responsible accountable. Acting promptly ensures the surviving spouse and family’s voice is heard when it matters most. 

Contact Our Law Firm for a Free Consultation About Your Case Deadline

If you’ve lost a loved one in Chicago and are unsure about your time to file a wrongful death claim, don’t wait to get the answers you need. Contact our law firm for a free consultation where we’ll review the details of your wrongful death case and explain the specific statute of limitations that apply. 

We’re here to support you during this difficult time and help make sure you don’t miss your chance to pursue justice. Call (888) 424-5757 or complete our online contact form to speak with one of our Chicago personal injury lawyers. 

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.