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
Guided help
Ask about a wrongful death deadline, right, or next step.
Keep the question grounded in Illinois. FlowLawyers can route you to the statute section, legal aid, attorney search, or a guided workflow when one fits.
Fast paths
The law sections below preserve the citations and source links. Use guided help when you need to move from reading the rule to choosing what to do next.
State law
Statute of Limitations
Illinois wrongful-death actions must generally be filed within 2 years of the date of death.
State law
Key Illinois Statutes
Illinois’s Wrongful Death Act governs who may bring the action and the damages available to the surviving spouse and next of kin.
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
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.
More in Illinois
Other state law topics.
Personal Injury Laws·Criminal Defense Laws·Family Laws·Immigration Laws·Employment Laws·Bankruptcy Laws·Medical Malpractice Laws·Workers' Compensation Laws·Social Security Disability Laws·Product Liability Laws·Long-Term Disability & ERISA Laws·Estate Planning Laws·Probate Laws·Real Estate Laws·Landlord & Tenant Laws·Business Laws·Intellectual Property Laws·Tax Laws·Elder Laws·Nursing Home Abuse & Neglect Laws·Civil Rights Laws·Domestic Violence Laws·Veterans Legal Services Laws·Healthcare & Benefits Laws·Construction Defect Laws·Insurance Disputes Laws·Premises Liability Laws·Commercial Litigation Laws·Environmental Laws·Securities & Finance Laws·Municipal Laws·Administrative Laws