Illinois | FAQs

How long do I have to file a wrongful death case in Illinois?

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You have only a limited time period to file a wrongful death suit in Illinois

You ask a good question because your time to file a wrongful death lawsuit in Illinois is limited by law.

Generally, Illinois law requires that you file a wrongful death case within two years of the date your loved one died. It is important to note that the statute of limitations runs from the date of death and not from the date of the accident which resulted in your loved one’s death.

In some situations—particularly criminal cases where the defendant intended to kill the decedent—the statute of limitations may be longer.

Don’t Wait Until the Statute of Limitation Is Almost Up

A wrongful death case may not have been the first thing on your mind following the tragic and unexpected death of a loved one. That’s okay. You did not need to take action immediately. However, since your time to file a case is limited, it is important to take action as soon as you are able to do so.

Taking action does not mean that you are going to file a case today. Instead, it means that you are going to take the necessary steps to make an informed decision so that you do not forego your potential claim because you waited too long. It means that you are going to talk to an experienced lawyer to learn about your rights and gather evidence to protect those rights so that your family will have the opportunity to make a fair recovery.

Don’t let inaction prevent your fair recovery. Instead, please start an online chat with us right now to learn more about how a wrongful death case works in Illinois, to get all of your individual questions answered, and to protect your possible recovery. We can be reached any time—24/7/365—via this website or by phone.

Jason F. Abraham
Managing Partner, Hupy and Abraham