Illinois Wrongful Death Lawyers
Families call us with the same question more often than any other: who is actually allowed to bring this claim? It is a fair question, because Illinois answers it in a way that surprises almost everyone. A spouse cannot simply file. Neither can a parent or an adult child. The claim belongs to the estate, and someone has to be appointed before anything can be filed at all.
An Illinois wrongful death lawyer handles that appointment along with everything after it. Glisson Law represents families across Illinois from offices in Alton and Springfield, and our attorneys have tried and settled fatal-accident cases in state and federal court, including matters argued before the Illinois Supreme Court.
If someone in your family died because of another party's carelessness, call +1 (618) 462-1077. There is no charge for the conversation and no fee unless we recover money.
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Who can file a wrongful death claim in Illinois?
Only the personal representative of the deceased person's estate. Section 2 of the Illinois Wrongful Death Act states that every such action "shall be brought by and in the names of the personal representatives of such deceased person."
Individual family members are the beneficiaries of the claim, not the plaintiffs. The surviving spouse and next of kin receive the money, but the case is filed in the representative's name on their behalf.
If no estate has been opened, the court can appoint a special administrator for the limited purpose of pursuing the claim. Section 2.1 of the Act allows this when the lawsuit is essentially the only asset the estate has, which avoids putting a grieving family through a full probate administration for no reason.
When family members disagree about who should serve
It happens, and it is manageable. The court decides. When adult children disagree with a surviving spouse, or when siblings and parents both want a say, the judge appoints the representative and the beneficiaries' interests stay protected regardless of who holds the title. Disagreement over the representative rarely changes anyone's share.
What are some examples of Alton wrongful death cases?
A “wrongful death” happens whenever someone dies because of the negligence or intentional actions of another person or entity. Some examples of wrongful death include:
- Medical malpractice – when a doctor or hospital fails to treat a patient properly, resulting in their death.
- Car accidents – if a driver’s reckless actions cause a fatal crash.
- Products liability – when defective products or vehicles cause fatal injuries.
- Workplace accidents – when an employer’s failure to provide a safe working environment leads to an employee's death.
- Nursing home abuse – the failure of nursing homes and staff to provide proper care can lead to a patient’s wrongful death.
- Criminal actions – when a person’s death is caused by another’s intentional actions, like manslaughter or homicide.
- Railroad accidents – when rail workers are killed on the job due to unsafe conditions.
Of course, these are only a few examples. Our wrongful death lawyers are happy to speak to you about the unique circumstances of your personal case.
How is a wrongful death recovery divided among family members?
By dependency, not by equal shares. The Act directs the court to distribute the recovery to the surviving spouse and next of kin "in the proportion, as determined by the court, that the percentage of dependency of each such person upon the deceased person bears to the sum of the percentages of dependency."
In plain terms, a person who relied on the deceased financially and emotionally receives more than a relative who did not. A dependent spouse and minor children usually receive the largest shares. An independent adult child living in another state typically receives less.
This is decided in a separate hearing after liability and damages are resolved, so families do not have to negotiate it with each other while the case is still being fought. Judges are used to these hearings and they are less adversarial than people fear.
Why one death usually produces two separate claims
Most fatal-accident cases in Illinois involve two distinct legal claims filed together, and understanding the difference explains why settlements are structured the way they are.
| Wrongful Death Act claim | Survival Act claim | |
|---|---|---|
| What it compensates | What the survivors lost | What the deceased person went through before dying |
| Typical damages | Lost financial support, lost companionship, grief and sorrow | Conscious pain and suffering, medical bills, lost earnings before death |
| Who receives the money | Surviving spouse and next of kin | The estate, then distributed under the will or intestacy rules |
| Governing statute | 740 ILCS 180 | 755 ILCS 5/27-6 |
The second claim is the one families forget exists. If a person survived a crash for hours or days, what they experienced in that window is compensable, and it is paid to a different set of people under different rules than the wrongful death recovery. Cases where a death was instant generally do not support a meaningful survival claim, which is one of the first factual questions we work through.
Not sure which claims apply to your family's situation? Call +1 (618) 523-9970 and we will walk through it.
Good To Know: Illinois has expanded wrongful death damages to include grief experienced by the next of kin.
How long does a family have to file in Illinois?
Two years from the date of death in the ordinary case. Section 2(d) of the Act sets that deadline, and it runs from the death rather than from the injury that caused it, which matters when someone survives for months before dying.
Two exceptions extend it. Where the death resulted from violent intentional conduct, the period runs five years. Where the defendant has been criminally charged with first degree murder, involuntary manslaughter, reckless homicide, or a similar offense, the family may file within one year after the criminal case concludes.
Waiting is still the wrong instinct. Vehicles get repaired, trucking companies purge driver logs on federal retention schedules, and surveillance footage is routinely overwritten within days. The evidence that determines whether a case is winnable is usually gone long before the legal deadline arrives.
The deaths that most often support a claim in Illinois
Any death caused by another party's negligence or intentional act can support a claim, and in Illinois the most common sources are vehicle crashes and unsafe conditions. Illinois Department of Transportation figures put the state's 2024 traffic death toll at 1,178, with 217 of those deaths involving pedestrians.
We handle fatal car accident claims, semi-truck and commercial vehicle collisions, motorcycle fatalities, and fatal injuries on unsafe property such as unguarded drops, drownings, and fires.
How these cases actually get built
Fatal-accident cases are won on records that have expiration dates. The first weeks are spent collecting material that will not exist in six months, which is why the gap between calling a lawyer in week one and week twelve is so much larger in a death case than in an injury case.
Where a commercial vehicle is involved, we move immediately for driver qualification files, hours-of-service logs, maintenance history, and the data stored in the truck's electronic control module. Carriers are only required to retain much of this for limited periods under federal motor carrier rules, and once the retention window closes the record is gone lawfully.
For serious crashes, the Illinois State Police reconstruction unit may have prepared a formal report separate from the standard crash report. Obtaining it early tells us whether the state's own findings support the family's version of events, which shapes whether a case is worth filing at all.
We also work with the medical record and, where one exists, the autopsy or coroner's findings. Those documents establish whether the deceased was conscious after the injury, which is the fact that determines whether a survival claim has real value.
What families run into with insurers after a death
The pressure arrives faster in fatal cases than in injury cases, and it usually arrives as kindness. An adjuster calls within days, expresses sympathy, offers to help with funeral costs, and asks a few questions about the deceased person's work history and family situation.
Those questions are not administrative. Answers about who depended on the deceased and how much they earned feed directly into the insurer's valuation of the claim, and they are being collected before the family has any way to know what the case is worth.
There is a second pattern worth naming. Insurers sometimes move quickly to settle with one family member, often the person who seems most eager to resolve things, before the full set of beneficiaries is identified. Because Illinois distributes these recoveries by dependency, an early one-off settlement can create problems that are difficult to unwind.
Before you sign anything or give a recorded statement, talk to a lawyer. Call +1 (618) 462-1077, or send us the details through the contact form.
Wrongful death questions Illinois families ask
Do we have to open a probate estate to file?
Not always. When the wrongful death claim is effectively the only asset, the court can appoint a special administrator for that limited purpose. Full probate administration is required more often when the deceased owned property, had significant debts, or left a will that needs to be administered anyway.
Can we still bring a claim if our family member was partly at fault?
Often yes. Illinois reduces the recovery in proportion to the deceased person's share of the fault and bars it only when that share exceeds half. Insurers know this and frequently overstate the deceased's role, which is why the fault investigation deserves attention early rather than after an offer arrives.
What if criminal charges were filed against the person responsible?
The two proceedings run separately and a criminal case does not resolve the family's civil claim. A conviction can help, an acquittal does not end the civil case, and the filing deadline may be extended until one year after the criminal matter concludes. Families generally benefit from having civil counsel monitoring the criminal case as it moves.
How long do these cases take?
Most resolve within one to three years, and the honest answer for any specific case depends on whether liability is contested and how much insurance coverage exists. Cases against commercial defendants with real coverage tend to take longer because there is more to fight about. We tell families early which category theirs is likely to fall into.
Will we have to testify?
Possibly, though far fewer families end up on a witness stand than expect to. If the case settles, which most do, no testimony is required. If it goes to trial, testimony about the relationship and the loss is usually part of proving damages, and we prepare families for that well in advance rather than the week before.
When you are ready, we will be straightforward with you
There is no version of this process that gives you back what was taken. What a claim can do is hold the responsible party accountable and put a family on stable ground financially, and those are worth pursuing on their own terms.
Our attorneys have handled fatal-accident cases throughout Illinois and Missouri, and have argued before the Illinois Appellate Courts and the Seventh Circuit. We work on contingency, so there is no cost to find out where you stand.
Call +1 (618) 523-9970 or reach us from our office at 111 East Fourth Street, Suite 400 in Alton. We will tell you what we think, including when we think a family does not need us.
Our Nearby Office Location
Our personal injury law firm is located in the One Eleven (formerly the Miller Mutual) Building next to Marquette Catholic High School in Alton, Illinois. We are on the fourth floor in Suite 400 with the easiest entrance to reach us closest to Alby Street. Our Alton, IL address is 111 E 4th St. Alton, IL 62002