Southern Illinois Wrongful Death Lawyers
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Wrongful Death Attorneys Serving Southern Illinois
Losing someone you love because of another person’s carelessness is one of the hardest things a family can go through. On top of the grief, you may be facing funeral bills, lost income, and questions you never thought you would have to ask. You did not plan for any of this, and you should not have to face it alone.
At Olson & Reeves, our Southern Illinois wrongful death lawyers help families hold the responsible party accountable and recover the compensation the law allows. We grew up here, we raise our families here, and we treat our clients like neighbors, because that is what you are. We will take the time to listen to your story, explain your options in plain language, and handle the legal side so you can focus on your family.
There is no fee to talk with us, and you pay nothing unless we recover for you. If you lost a loved one because of someone else’s wrongful act, neglect, or default, reach out today for a free and confidential consultation.
What Is a Wrongful Death Claim in Illinois?
A wrongful death claim is a civil lawsuit brought when someone dies because of another party’s wrongful act, neglect, or default. Under the Illinois Wrongful Death Act, the case is filed on behalf of the surviving spouse and next of kin to recover the losses the family suffers from the death.
Illinois created this right by statute in the Wrongful Death Act, 740 ILCS 180/1. The law says that when a death is caused by a wrongful act, neglect, or default, the person or company that would have been liable if the victim had only been injured is still liable, even though the victim has died. In plain terms, if your loved one could have brought a personal injury claim had they survived, your family can usually bring a wrongful death claim now that they did not.
One important limit: if the person who died had already settled their own injury claim or won a judgment for the same incident before they passed, a separate wrongful death action generally cannot be brought over that same event. This is one of many reasons it helps to talk with a lawyer early, before deadlines pass or rights are given up.
Wrongful Death vs. Survival Action: Two Claims, One Tragedy
A wrongful death claim compensates the family for their losses, while a survival action lets the estate recover the losses the victim suffered before dying. The two are different claims with different beneficiaries, and in most fatal cases they are filed together.
When a person is hurt and later dies, the law recognizes two separate harms. The first is the harm to the family who lost a parent, spouse, or child. The second is the harm the victim personally endured between the injury and death, such as medical bills and physical pain. The Illinois Survival Act, 755 ILCS 5/27-6, keeps the victim’s own claim alive so the estate can pursue it. Together, these two claims allow a family to recover for the full picture of what happened.
| Wrongful Death Act (740 ILCS 180) | Survival Act (755 ILCS 5/27-6) | |
|---|---|---|
| Whose loss is it? | The family’s loss from losing their loved one | The victim’s own losses before death |
| Who recovers? | The surviving spouse and next of kin | The deceased person’s estate |
| Typical damages | Grief, sorrow, mental suffering, lost financial support, lost society and companionship | Conscious pain and suffering before death, medical bills, lost wages from injury to death |
| Punitive damages? | Yes, when applicable (since Aug. 11, 2023) | Yes, when applicable (since Aug. 11, 2023) |
| Deadline to file | Generally 2 years from the date of death | Generally 2 years, tied to the underlying injury claim |
Because these claims overlap, the same lawsuit usually pursues both at once. Sorting out which damages belong to the family and which belong to the estate is part of what an experienced wrongful death attorney handles for you.
Who Can File a Wrongful Death Claim in Illinois?
In Illinois, a wrongful death claim must be filed by the personal representative of the deceased person’s estate. The money recovered is for the benefit of the surviving spouse and next of kin, such as the children, parents, or other close family members.
This rule comes from 740 ILCS 180/2. Even though the family members are the ones who benefit, they do not each file their own lawsuit. Instead, one person, the personal representative, brings a single action on behalf of everyone. If your loved one named an executor in a will, that person is often the representative. If there was no will, the court can appoint an administrator.
Because a representative has to be appointed, families usually need to open an estate in probate court before or alongside the wrongful death case. That step can feel like one more burden during an already painful time, but it is routine, and we handle it for our clients. If you would like to understand that process, our Southern Illinois probate attorneys can walk you through it.
Common Causes of Wrongful Death in Southern Illinois
A wrongful death claim can arise any time a preventable death is caused by someone else’s careless or wrongful conduct. According to the Centers for Disease Control and Prevention, unintentional injuries are among the leading causes of death in the United States, and many of them happen because someone failed to act with reasonable care. Below are the kinds of fatal cases we see most often across our region.
Car, Truck, and Motorcycle Accidents
Fatal crashes are among the most common causes of wrongful death in our area, where families travel I-57, I-64, Route 13, and Route 15 every day. A distracted, speeding, or impaired driver can change a family forever in seconds. Crashes involving large commercial trucks are especially deadly because of the size and weight involved. If you lost a loved one in a collision, our Southern Illinois car accident lawyers can investigate the crash, work with reconstruction experts, and pursue every source of insurance coverage.
Medical Malpractice
When a doctor, nurse, hospital, or other provider fails to meet the accepted standard of care and a patient dies, the family may have a wrongful death claim. Examples include surgical errors, medication mistakes, failure to diagnose a serious condition, and birth injuries. These cases are complex and require sworn opinions from qualified medical experts before filing. They also follow their own deadlines, which can be shorter than other cases, so it is wise to ask questions early.
Nursing Home Neglect and Abuse
Families place their trust in care facilities to keep elderly and vulnerable loved ones safe. When neglect, abuse, malnutrition, untreated bedsores, falls, or medication errors lead to death, that trust is broken, and the facility can be held accountable. If you suspect your loved one died because of substandard care, our Southern Illinois nursing home abuse lawyers can help you find answers.
Workplace and Construction Deaths
Some jobs carry real danger, especially in construction, trucking, agriculture, and industrial work that is common throughout Southern Illinois. While workers’ compensation usually covers on-the-job deaths, a separate wrongful death claim may be possible when a party other than the employer caused the death, such as a negligent contractor, a property owner, or the maker of defective equipment. These third-party claims can provide compensation beyond what workers’ compensation alone allows.
Premises Liability
Property owners have a duty to keep their premises reasonably safe. Fatal falls, drownings in unguarded pools, fires from code violations, and injuries from inadequate security can all support a wrongful death claim when the owner’s carelessness was a cause. The question is usually whether the owner knew or should have known about a danger and failed to fix it or warn about it.
Defective and Dangerous Products
When a poorly designed or manufactured product kills someone, the company that made or sold it can be held responsible. This includes defective auto parts, unsafe machinery, dangerous drugs, and faulty consumer goods. In many product cases, the maker can be liable even without proof of carelessness if the product was unreasonably dangerous. These cases often require engineering and safety experts to prove what went wrong.
Drunk Driving and Dram Shop Claims
A death caused by a drunk driver may give rise to a wrongful death claim against the driver. In Illinois, the family may also have a claim against a bar or business that served alcohol to a visibly intoxicated person who then caused the death, under the Illinois Dram Shop Act. This gives families another avenue toward justice and helps hold accountable those who put profit ahead of safety.
Damages in an Illinois Wrongful Death Case
Illinois law allows a grieving family to recover for both financial and emotional losses. This includes lost financial support, the loss of the deceased person’s society and companionship, and damages for the grief, sorrow, and mental suffering the family endures.
Under 740 ILCS 180/2, a jury may award what it decides is fair and just compensation for the family’s losses. The law specifically allows recovery for grief, sorrow, and mental suffering, not just dollars and cents. Funeral and burial expenses are also recoverable. Through the companion survival action, the estate can separately recover the medical bills and the pain the victim experienced before death.
| Type of Damages | Examples |
|---|---|
| Economic | Lost income and financial support, lost benefits, funeral and burial costs, the value of household services the loved one provided |
| Non-Economic | Grief, sorrow, and mental suffering; loss of the deceased person’s society, companionship, comfort, and guidance |
| Punitive | Available in limited cases involving especially reckless or intentional conduct (see below); not available against doctors, lawyers, or government bodies |
No amount of money can replace a person. What a wrongful death recovery can do is provide financial stability for the family left behind and require the responsible party to answer for the harm they caused.
Punitive Damages in Wrongful Death Cases: What Changed in 2023
As of August 11, 2023, Illinois families can seek punitive damages in wrongful death and survival cases. This was a major change. For most of the state’s history, the right to punitive damages died with the victim, so families could not pursue them at all.
The change came from Public Act 103-514, which amended both the Wrongful Death Act and the Survival Act to allow punitive damages “when applicable.” Punitive damages are meant to punish conduct that is willful or shows a reckless disregard for the safety of others, and to discourage others from acting the same way. They are awarded on top of the compensation for the family’s actual losses.
There are important limits. Punitive damages are not available in cases of medical malpractice or legal malpractice, and they cannot be recovered against the State, a unit of local government, or their employees. A family also cannot simply demand punitive damages in the complaint. Illinois law requires the lawyer to ask the court for permission first and to show there is a reasonable likelihood the evidence will support such an award. Whether punitive damages are realistic depends heavily on the facts, and it is something we evaluate carefully in every case.
Deadlines to File a Wrongful Death Claim in Illinois
Most Illinois wrongful death claims must be filed within two years of the date of death. Some situations have shorter or longer deadlines, and missing the deadline usually means losing the right to recover anything at all. Talking to a lawyer early protects your family’s options.
The deadline, called the statute of limitations, depends on the facts of the case. The chart below covers the most common situations. Because more than one rule can apply, and because evidence fades over time, it is best not to wait.
| Situation | Deadline to File | Statute |
|---|---|---|
| Most wrongful death cases | 2 years from the date of death | 740 ILCS 180/2 |
| Death from violent intentional conduct or certain crimes (such as murder, manslaughter, reckless homicide, or drug-induced homicide) | 5 years from death, or 1 year after the criminal case ends, whichever is later | 740 ILCS 180/2(e) |
| Claim against a city, county, or other local government body | 1 year from the date of death | 745 ILCS 10/8-101 |
| Death from medical malpractice | 2 years from when the malpractice is or should have been discovered, and no later than 4 years from the act | 735 ILCS 5/13-212 |
| A family member entitled to recover is a minor | Up to 2 years after that person turns 18 | 740 ILCS 180/2(f) |
A missed deadline is usually fatal to a claim. Courts rarely make exceptions, and the other side will raise the deadline as a defense. If you are unsure how much time you have, call us and we will help you find out.
How Wrongful Death Compensation Is Divided
Money recovered in a wrongful death case is divided among the surviving spouse and next of kin based on how much each one depended on the deceased person. The court holds a hearing to decide each family member’s share, and it must approve any settlement.
Under 740 ILCS 180/2, the proceeds are not split evenly by default. Instead, the judge looks at the degree to which each family member relied on the person who died, financially and otherwise, and divides the recovery in proportion to that dependency. A spouse and young children who depended on the income, for example, may receive more than an adult relative who lived independently.
Because a court must sign off on the distribution, and because tax and estate issues can come into play, having a lawyer guide the family through this stage helps make sure the division is fair and that the process is handled correctly. We explain each step so no one is left wondering what is happening or why.
Where We Help Families With Wrongful Death Claims in Southern Illinois
Our office is in Mt. Vernon, in Jefferson County, and we handle wrongful death cases throughout the region. We are familiar with the Jefferson County Courthouse and the local courts across Southern Illinois, and we know the roads and communities where these tragedies happen. Wherever you are, we can come to you, and your first consultation is always free and confidential.
| Alexander County | Bond County |
| Clark County | Clay County |
| Clinton County | Coles County |
| Crawford County | Edwards County |
| Effingham County | Fayette County |
| Franklin County | Gallatin County |
| Hamilton County | Hardin County |
| Jackson County | Jasper County |
| Jefferson County | Jersey County |
| Johnson County | Lawrence County |
| Madison County | Marion County |
| Massac County | Montgomery County |
| Perry County | Pope County |
| Pulaski County | Randolph County |
| Richland County | Saline County |
| Shelby County | St. Clair County |
| Union County | Wabash County |
| Washington County | Wayne County |
| White County | Williamson County |
Why Southern Illinois Families Choose Olson & Reeves
We are a local firm, not a billboard you see on the way to a big city. Our attorneys were born and raised in Southern Illinois, and the families we represent are our neighbors. When you call, you work directly with our firm, and we make sure your questions get answered.
We understand that a wrongful death case is not really about a lawsuit. It is about a family trying to find their footing after a devastating loss. We handle the legal work, the paperwork, the insurance companies, and the court process so your family can grieve and begin to heal. We will be honest with you about your options, and we will never stop fighting for you, both at the negotiating table and in the courtroom. No lawyer can promise a particular outcome, but we can promise that we will treat you with respect and work hard on your behalf.
There is no cost to speak with us, and because we work on a contingency fee, you pay nothing unless we recover for you.
Frequently Asked Questions About Wrongful Death
Wrongful Death Basics
What is wrongful death in Illinois?
Wrongful death is a death caused by another person’s wrongful act, neglect, or default. Illinois law lets the family of the person who died bring a civil claim to recover for their losses, even though no amount of money can undo what happened. The claim is separate from any criminal case.
A wrongful death can result from a car crash, medical mistake, nursing home neglect, dangerous product, or many other causes. The key question is whether someone else’s careless or wrongful conduct caused the death. If your loved one could have sued for their injuries had they lived, the family can usually bring a wrongful death claim.
Who can file a wrongful death claim in Illinois?
Only the personal representative of the deceased person’s estate can file the wrongful death lawsuit. The compensation, however, is for the surviving spouse and next of kin, such as children and parents. Family members do not each file separately; one representative brings a single claim for everyone’s benefit.
If there is a will, the named executor usually serves as the representative. If there is no will, the court appoints an administrator, often a close family member. Opening a small estate in probate is frequently part of getting a wrongful death case started, and we handle that step for our clients.
What is the difference between a wrongful death claim and a survival action?
A wrongful death claim compensates the family for losing their loved one, such as grief and lost support. A survival action lets the estate recover the losses the victim personally suffered before death, like medical bills and pain. The two claims are different but are usually filed together.
Think of it as two harms from one event. The family is harmed by the loss, and the victim was harmed in the time between the injury and death. The Survival Act, 755 ILCS 5/27-6, preserves the victim’s own claim so the estate can pursue it on their behalf.
Do I have to open a probate estate to file a wrongful death claim?
In most cases, yes. Because Illinois requires the personal representative of the estate to bring the wrongful death claim, an estate usually has to be opened and a representative appointed first. This is a routine step, and it does not have to be complicated or expensive.
For many families, this means opening a fairly simple estate so a representative has legal authority to act. We coordinate the probate side and the injury side together so the two move forward smoothly. Our Southern Illinois probate attorneys can explain what is involved in your situation.
Damages and Compensation
What damages can my family recover in a wrongful death case?
An Illinois family can recover both financial and emotional losses. These include lost income and support, the value of lost household services, funeral and burial costs, the loss of the deceased person’s society and companionship, and damages for the family’s grief, sorrow, and mental suffering.
Through the companion survival action, the estate can also recover the medical expenses and the pain the victim endured before death. In certain cases involving especially reckless or intentional conduct, punitive damages may be available as well. Which damages apply depends on the facts of your case.
How much is a wrongful death case worth in Illinois?
There is no set value for a wrongful death case. The worth depends on factors like the deceased person’s age, income, and role in the family, the strength of the evidence, the available insurance, and the nature of the loss. Every family’s situation is different, so any honest answer requires reviewing the specifics.
Be cautious of anyone who promises a specific figure before learning the facts. A careful attorney will look at the economic losses, the emotional losses, the conduct involved, and the practical limits like insurance coverage before estimating a range. We give you a realistic picture, not a sales pitch.
How much does a wrongful death lawyer cost?
Our wrongful death cases are handled on a contingency fee, which means you pay no attorney fee up front and nothing at all unless we recover for you. The fee is a percentage of the recovery, agreed on in writing before we begin. The initial consultation is always free.
This arrangement lets grieving families pursue justice without worrying about hourly bills during an already hard time. It also keeps our interests aligned with yours, because we are only paid if we obtain compensation for your family.
Can we recover punitive damages in a wrongful death case?
Sometimes. Since August 11, 2023, Illinois allows punitive damages in wrongful death and survival cases involving willful or recklessly indifferent conduct. They are not available in medical or legal malpractice cases or against government bodies, and a court must give permission before they can be sought.
This was a significant change in Illinois law. For most of the state’s history, punitive damages could not be recovered once the victim died. Whether they are realistic in your case depends on how egregious the conduct was, which we evaluate closely.
How is a wrongful death settlement divided among family members?
Illinois divides wrongful death proceeds among the surviving spouse and next of kin based on how much each one depended on the deceased person. A judge holds a hearing to decide each share and must approve the settlement. It is not automatically split evenly.
A spouse and minor children who relied on the deceased person’s income may receive larger shares than an independent adult relative. Because the court reviews the distribution and tax questions can arise, it helps to have a lawyer guide the family through this part of the process.
Can we still recover if our loved one was partly at fault?
Often, yes. Illinois uses a modified comparative fault rule. If the deceased person was 50 percent or less at fault, the family can still recover, with the award reduced by that percentage. If the deceased person was more than 50 percent at fault, recovery is barred.
This rule comes from 735 ILCS 5/2-1116. For example, if a court found your loved one 20 percent at fault and the damages were 500,000 dollars, the recovery would be reduced by 20 percent. The other side often tries to shift blame onto the victim, which is one reason having a lawyer matters.
Deadlines and Filing
How long do I have to file a wrongful death claim in Illinois?
Most Illinois wrongful death claims must be filed within two years of the date of death under 740 ILCS 180/2. Some cases have shorter or longer deadlines, so it is important to confirm the deadline that applies to your situation as soon as possible.
Claims against a government body can be as short as one year, while certain cases involving crimes can have a longer window. Medical malpractice cases follow their own timing rules. Because evidence and witness memories fade, it is best to talk with a lawyer early rather than wait.
Is the deadline longer if my loved one was killed by a crime, DUI, or overdose?
It can be. If the death resulted from violent intentional conduct or certain crimes, the family may file within five years of the death, or within one year after the criminal case ends, whichever is later. This applies to charges like murder, manslaughter, reckless homicide, and drug-induced homicide.
This extended window, found in 740 ILCS 180/2(e), applies only against the person who committed the act, not other defendants. If your loved one died because of a drunk driver, a violent crime, or a fatal overdose involving someone who supplied the drugs, you may have more time, but you should still act promptly.
Talk With a Southern Illinois Wrongful Death Lawyer Today
If you lost a loved one because of someone else’s carelessness, you do not have to figure this out alone. The attorneys at Olson & Reeves are here to listen, answer your questions, and help your family understand its options. There is no cost to talk with us, the conversation is confidential, and you pay nothing unless we recover for you. Call (618) 316-7322 or use the form below to get started.