Illinois Wrongful Death Statute Of Limitations

It’s important to act fast and speak with a lawyer if a loved one is killed in a senseless accident. The Illinois Wrongful Death Act requires that claims be filed within two years of the person’s death, or else they likely will be thrown out before damages can be awarded. It may feel as though two years is plenty of time to consider your options, but these cases are hard fought and are often highly technical. Your lawyer will have to gather significant amounts of evidence, and probably consult with expert witnesses. That is why we encourage you to call a skilled wrongful death lawyer as soon as possible to discuss your situation and options going forward.

Statute of limitations law can be complex, but there are numerous exceptions to the two-year limit to file. These exceptions are meant to provide fairness to all parties, no matter what the situation may be. Exceptions that might apply to your case can include:

  • The survivor was a minor – Sometimes the family member left behind is a minor who does not have a guardian or representative to seek damages on their behalf. If this is the case, the two year limit on a claim can be delayed until the minor turns 18.
  • There is a criminal case ongoing – The state may be pursuing a criminal action related to the death of your loved one, and this can tie up evidence related to your wrongful death suit. A court will often allow for an extension to the two year limit in this situation.
  • New evidence comes to light – Crucial evidence may not be available for many reasons. If such evidence surfaces after several years, the court may allow an exception to the statute of limitations in your case.


Contact Staver Accident Injury Lawyers, P.C. Now

Losing a loved one in an accident is devastating for your entire family. Unfortunately, these deadly accidents happen frequently throughout Illinois. Cook County alone experiences almost one deadly car accident every day. There are many ways that a close family member can be suddenly taken away from you. Our wrongful death lawyers have helped many people affected by fatal accidents in the workplace, by defective products, and due to the careless use of vehicles or equipment. Do not delay in calling a lawyer if a close loved one was the victim of a senseless, deadly accident. You have rights and options to consider.

Contact Staver Accident Injury Lawyers, P.C. to speak with a skilled wrongful death lawyer. We know how Illinois law will apply to your case, can help you get the closure you need, and recover what’s right.

Call us today at (217) 528-9955 or via our online form. We offer free, no-risk consultations and there are no up-front costs. We are only paid when you recover compensation.