Illinois Statute of Limitations for Wrongful Death

HM&M
Mar 21
2 min read

When a person dies due to the negligent actions or medical errors of a healthcare provider, surviving family members may pursue a wrongful death claim under Illinois law. These lawsuits can help families recover compensation for financial losses, emotional suffering, and the loss of companionship. However, strict time limits apply to these claims.

Here’s a breakdown of the statute of limitations for wrongful death cases in Illinois, including those related to medical malpractice:

General Deadline: 2 Years from the Date of Death

Under the Illinois Wrongful Death Act (740 ILCS 180), a wrongful death lawsuit must generally be filed within 2 years of the date of the deceased person’s death.

This applies to cases involving:

Fatal medical malpractice
Surgical errors or anesthesia mistakes
Missed or delayed diagnoses
Medication overdoses
Hospital negligence

Exception for Survivors who are Minors and or with Legal Disabilities

There are exceptions to the Statute of Limitations if the survivors are children or legally disabled and unable to manage their affairs. If the deceased left children who are minors, or a spouse or adult child with legal disabilities that prevent the person from handling her affairs, the statute of limitations may be extended. Each case is different, so in any case involving wrongful death, even if the death occurred more than two years ago, you should contact an experienced trial lawyer to analyze the applicable Statute of Limitations.

Who Can File a Wrongful Death Lawsuit in Illinois?

Only the personal representative of the deceased’s estate can file a wrongful death claim. This person may be:

A surviving spouse
An adult child
A parent (in the case of a deceased minor)
A court-appointed administrator if no immediate family is available
A special administrator or representative — a surviving parent, for example — for minor children.

When Does the Clock Start?

For most wrongful death cases, the statute of limitations begins on the date of death—not the date of the negligent act. However, if the underlying act of malpractice occurred more than four years earlier, the case may be barred under the statute of repose.

Why Time Matters in Wrongful Death Claims

Delaying legal action can result in losing the right to seek justice—no matter how severe the loss. Additionally, key evidence and witnesses may become unavailable as time passes.

Speak With a Wrongful Death Attorney in Illinois

At Hurley McKenna & Mertz, P.C., we help families hold negligent doctors, hospitals, and healthcare systems accountable when preventable medical errors result in death. We understand the emotional and legal complexity of these cases, and we ensure that every case is filed within the legal deadlines.

Representing families in Chicago, Cook County, and across Illinois.