Wrongful Death

We understand that filing a lawsuit against an individual, group, or corporation that caused your loved one to lose their life will not erase your grief, but it may provide answers, assist in bringing financial security, and bring closure to a family that is struggling to move forward. When negligence, carelessness, or wrongful actions cause a life to be lost, this is the time to fight back—to protect others from getting harmed in a similar manner. 

In Illinois, wrongful death claims are governed by a statute of limitations, which is a strict legal deadline for filing your case. Under the Illinois Wrongful Death Act, a wrongful death claim must generally be filed within two years of the date of your loved one’s passing. When the death results from a violent crime, that window may be extended, and certain cases such as those involving medical malpractice or a governmental entity can have different deadlines and notice requirements.

We cannot stress this enough: missing the applicable deadline can permanently bar your family from recovering any compensation, no matter how strong the underlying facts of your case may be. Because these timing rules can be complex and fact-specific, we encourage families to reach out to us as early as possible. 

Wrongful Death vs. Personal Injury: What’s the Difference?

While both arise from someone else’s negligent or wrongful conduct, there are important distinctions in who files, when the claim arises, and how compensation is structured.

Who files the claim: In a personal injury case, the injured person files the lawsuit on their own behalf. In a wrongful death case, because the injured person has passed away, the claim is brought by the personal representative of the deceased’s estate on behalf of the surviving spouse, children, and next of kin.

When the claim arises: A personal injury claim exists as soon as the injury occurs. A wrongful death claim arises upon the death caused by another’s wrongful act, and Illinois law also allows a separate “survival action” to recover damages the deceased experienced between the time of injury and death.

How compensation is structured: In a personal injury case, damages compensate the living victim for their own medical bills, lost wages, and pain and suffering. In a wrongful death case, damages compensate the surviving family members for their losses, like grief, loss of companionship, and loss of financial support. Compensation also considers expenses like funeral and burial costs.

At Rundio Injury Law, we take the time to explain these distinctions so you fully understand the path ahead.