Who Can File a Wrongful Death Claim in Illinois?
Generally, a wrongful death claim may be filed by the victim’s legal representative, representing the victim’s estate. The wrongful death claim is filed on behalf of certain survivors based on their relationship to the victim. Depending on the state, the survivors eligible to file a wrongful death claim may vary. In Illinois, wrongful death claims are governed under the Illinois Wrongful Death Act. According to 740 Illinois Compiled Statutes 180, the Illinois Wrongful Death Act, a party may file a wrongful death claim whenever “the death of a person shall be caused by wrongful act, neglect or default,” and such act, if it had not caused the victim’s death, would have otherwise allowed the victim to sue for damages personally.
This Act specifies that only the surviving spouse or children of the deceased victim may file a wrongful death lawsuit in Illinois. However, if there are no surviving children or spouse, then other relatives may file a wrongful death claim, including surviving parents or siblings of the deceased victim. While these family members are generally able to file wrongful death lawsuits though, the case itself will be filed under the estate’s personal representative’s name, such as the executor, rather than under the family member’s name.
