What Is the Statute of Limitations for Wrongful Death in Illinois?
In Illinois, the statute of limitations for wrongful death is generally 2 years under 740 ILCS 180/2.
Wrongful death Deadlines in Illinois
How long do you have to file a wrongful death claim in Illinois?
In Illinois, the statute of limitations for wrongful death is generally 2 years under 740 ILCS 180/2.
When does the clock start for wrongful death in Illinois?
Two years from the date of death, under the Wrongful Death Act rather than the general limitations article.
Can the Illinois deadline for wrongful death be extended?
A survival action for the decedent's own pre-death injuries runs separately under 755 ILCS 5/27-6. Violent intentional conduct causing death carries a longer period.
Is the deadline different if the claim is against the government in Illinois?
Often, yes. Suit against a local public entity within 1 year under 745 ILCS 10/8-101. The Local Governmental and Governmental Employees Tort Immunity Act cuts the filing period to one year for civil actions against a local public entity or its employees — half the ordinary two-year personal-injury period. Claims against the State go to the Illi…
How does Illinois compare to other states for wrongful death?
Illinois's 2 years is in the middle of the range nationally. Across the 50 jurisdictions with a verified figure, the deadline for wrongful death ranges from 1 year to 3 years, and 2 years is the most common. Compare all states →
What Does Wrongful Death Cover?
Situations that typically fall under the wrongful death deadline in Illinois:
