If you are considering filing a wrongful death claim in Illinois, it’s important to understand that you only have a limited amount of time to assert your legal rights. This is true even during the incredibly difficult period of grieving the unexpected loss of a loved one. If you wait too long to take action, you could lose the ability to hold the at-fault party accountable—no matter how strong your case may be.
So, how long do you have to file a wrongful death claim in Illinois?
The answer to this question depends on the circumstances at hand. As we discuss below, the statute of limitations for filing a wrongful death claim in Illinois is two years from the date of death in most cases. However, there are exceptions—and, if your family still has time to take legal action, you will want to speak with an experienced lawyer about your family’s legal rights as soon as possible.
Laws that restrict how long individuals and families have to take legal action are referred to as “statutes of limitations.” Illinois’s statute of limitations for most types of wrongful death claims appears in 740 I.L.C.S. 180/2. Under this Section of the law:
Families have two years to file a wrongful death claim in most cases. The law states that unless an exception applies, a wrongful death claim, “shall be commenced within 2 years after the [victim’s] death.” This is a strict deadline, meaning that if family members are even a day late in filing a wrongful death claim, they won’t be able to seek justice for their loved one’s death.
While Illinois has a two-year statute of limitations for wrongful death claims, an exception exists for cases involving “violent intentional conduct.” In these cases, the law states that a wrongful death claim must generally be filed within five years of the date of death. However, there is another exception for certain violent crimes. Specifically, the law provides that a wrongful death claim, “may be brought . . . within one year after the final disposition of the [defendant’s] criminal case,” if the defendant is charged with:
Importantly, the law makes clear that these exceptions only apply to wrongful death claims against the individual who committed the violent intentional conduct that caused the victim’s death. If, for example, your family has a claim against this individual’s employer because he or she was working at the time of the fatal accident, this claim would still be subject to the standard two-year statute of limitations.
Illinois’s statute of limitations contains another exception for minors who have wrongful death claims. In these cases, minors have until two years after their 18th birthday to take legal action. However, as it can become significantly more difficult to prove the cause of a fatal accident years down the line, it will generally be best for a minor’s guardian to take legal action promptly on his or her behalf.
There is also an exception that applies in certain types of cases known as the “discovery rule.” This rule most often comes into play in cases involving fatal medical malpractice.
Under 735 I.L.C.S. 5/13-212, a wrongful death claim involving medical malpractice, “shall [not] be brought more than 2 years after the date on which the claimant knew, or through the use of reasonable diligence should have known, or received notice in writing of the existence of the . . . death for which damages are sought.” However, additional time limitations can apply in medical malpractice cases as well. Here too, it is best to speak with a lawyer about taking legal action as soon as possible.
Losing a loved one is overwhelming enough without the added pressure of navigating complex legal deadlines. But waiting too long to explore your options could mean giving up the right to hold the at-fault party accountable—regardless of how strong your case may be. Illinois law is strict when it comes to wrongful death statutes of limitations, and once that window closes, there are no second chances.
At Coplan + Crane, we know that no amount of money can make up for your loss—but securing justice and financial stability can be a crucial part of the healing process. Our Chicago wrongful death attorneys are here to help you understand your rights, preserve critical evidence, and fight for the compensation your family deserves.
Contact Coplan + Crane today online or at 312-982-0588 to schedule a FREE case evaluation. We welcome clients from across Illinois, including Chicago, Oak Park, Rockford, and other areas. We handle wrongful death cases on a contingency basis, which means you don’t pay unless we win.
