Understanding the Wrongful Death Act and Survival Act in Illinois

 Posted on January 15, 2024 in Wrongful Death

Losing a family member to the negligent act of another individual can send devastating ripples throughout your household. On top of the emotional turmoil, there is also the concern of financial matters. A wrongful death in Illinois can occur at any moment and understanding how to receive compensation for a loved one and for those left behind is critical during the healing process. An attorney with experience in wrongful death lawsuits can help you decipher the legalities and complexities that go into a wrongful death claim.

Illinois Survival Act

The Illinois Survival Act is meant to be a deceased person’s voice and actions after a wrongful death occurs. The act enables the surviving family of the deceased the option to file a claim and recover financial compensation through an estate on behalf of the deceased. It will cover the same damages as if the deceased individual had survived, which can include:

• Lost wages

• Medical costs and expenses

• Personal property damage and repairs

Illinois Wrongful Death Act

The Illinois Wrongful Death Act is another act that allows the loved ones of a person taken from them due to a wrongful death to file a lawsuit to recover compensation for damages. Instead of for the deceased, these damages are specifically for the aggrieved family members. The damages that can be recovered are similar to those recoverable using the Illinois Survival Act.

Accidents that involve fatalities in which loved ones may recover damages can include:

• Motor vehicle accidents where the negligent person was distracted, impaired, or driving under the influence (DUI)

• Workplace and premises liable accidents

• Nursing homes and other care facilities

• Medical malpractice

Statute of Limitations For The Wrongful Death Act and Survival Act

The statute of limitations for both acts – Survival and Wrongful Death – is two years in most cases. In wrongful death cases that had intentional violent intent, the statute of limitations can extend to five years.

The biggest difference in the statute of limitations between the two acts is that using the wrongful death act requires loved ones to file a claim within two years of when the death occurred. In the Survival Act, the statute of limitations is two years from the time the incident occurred. In cases involving prolonged illness or coma, these dates may be significantly different

Contact a Will County, IL Wrongful Death Attorney

The death of a loved one is a terrible ordeal for any family to go through. The matters are only made worse when the death is caused by another person’s negligence. At Schwartz Injury Law, we value all life and will fight tooth and nail to obtain every penny of compensation a family is entitled to. We have experienced Joliet, IL wrongful death lawyers available to help your family through their time of need. For a free consultation and an empathetic ear, contact our office at 708-888-2160.