Who Can File a Wrongful Death Lawsuit?

The wrongful death lawyers at The Kryder Law Group, LLC Accident and Injury Lawyers, provide compassionate and dedicated legal representation for families grappling with the emotional pain of the tragic loss of a loved one due to a wrongful death case. We are often asked, “Who can file a wrongful death lawsuit in Illinois?“

Under Illinois law, wrongful death claims can be made by the personal representatives of the deceased person who are typically the surviving spouse and next of kin. We are committed to answering legal questions for bereaved families and working tirelessly to secure the justice and financial compensation they deserve.

Who Can File a Wrongful Death Lawsuit?

Under Illinois law, only certain individuals are eligible to file a wrongful death lawsuit to recover wrongful death compensation.

Under the Illinois Wrongful Death Act (740 ILCS 180/0.01, et al.), wrongful death lawsuits must be brought by the “personal representatives” of the deceased person. The persons who may recover financial compensation may be different from the personal representative.

Typically, the surviving spouse and “next of kin” are entitled to recover damages under the Wrongful Death Act, including fair and just compensation for pecuniary injuries such as grief, sorrow, and mental suffering.

Who Is Next of Kin?

In a wrongful death lawsuit in Illinois, next of kin is the deceased person’s close family members and is defined by the Illinois Probate Act (755 ILCS 5/). Typically, the surviving spouse and the deceased person’s children are considered next of kin.

Who Else Can Recover Damages?

When wrongful death occurs, the decedent’s estate can recover compensation for pain and suffering, lost wages, medical expenses and bills, and funeral expenses under the Illinois Survival Act (755 ILCS 5/27-6). Spouses, children, and sometimes parents can file separate lawsuits for loss of love, companionship, care, and household services. Non-family beneficiaries of the estate may also recover certain damages.

What Is Wrongful Death in Illinois?

In Illinois, wrongful death is defined as death that is caused by the negligence, misconduct, or intentional wrongful act of another person or entity.

Wrongful death cases may include deaths caused by:

• automobile accidents
• defective products
• medical malpractice such as surgical or medical errors
• construction or workplace accidents
• train and airplane crashes
• fires
• exposure to toxic chemicals
• and more

Can a Non-Family Member Recover Damages for Wrongful Death?

Unless specified in a will, non-family members typically can’t claim damages in wrongful death cases, which usually go to spouses and close relatives. However, in Illinois, non-family members can sue if they’re the executor in the will or appointed by the Illinois Probate Court as an administrator when there’s no will. To become an administrator, usually a family member must file a petition with the court.

Can a Fiancé(e) File a Wrongful Death Claim?

Fiancé(e)s can file a wrongful death lawsuit if named executor in the deceased’s will or appointed by the Illinois Probate Court. However, under Illinois law, fiancé(e)s, not being spouses, are not favored unless nominated by a close family member of the deceased. They usually can’t recover damages in a wrongful death claim unless named a beneficiary in the will.

What Can I Recover in a Wrongful Death Action?

Illinois recognizes multiple causes of legal action when a loved one dies due to someone else’s negligence.

Direct Suit for Wrongful Death

The surviving family members of the deceased may recover damages for:

• Grief,
• Sorrow, and
• Mental suffering.

Survival Action

The beneficiaries (family members or anybody named in the will) of the estate of the deceased can recover any damages the deceased could have recovered if they had survived.

• Pain and suffering
• Loss of a normal life
• Lost wages
• Medical bills
• Funeral expenses

Wrongful Death Claim

A spouse may also file a claim for loss of consortium damages in a wrongful death claim:

• Loss of love and affection
• Loss of services

Get Help From The Kryder Law Group, LLC Accident and Injury Lawyers

If you have lost a loved one and believe it was due to someone else’s negligence, contact our compassionate Chicago wrongful death lawyers at The Kryder Law Group, LLC Accident and Injury Lawyers. We understand the complexities of Illinois law and are dedicated to helping families get the justice and compensation they deserve in a wrongful death claim. We’re ready to answer your questions about who can file wrongful death lawsuits.