Wrongful Death Claims vs Survival Claims in Illinois
There is often a bit of confusion surrounding the differences between wrongful death claims, vs claims made under the Illinois Survival Act. While both claims have a role that is played by the deceased, they are not the same and the differences should be understood before you take the next steps in filing any kind of claim.
This article will explain some of the basics of wrongful death claims and claims made under the Survival Act. For help in all of your more nuanced questions and to obtain official, formal legal counsel, contact an esteemed attorney with Patel Law, PC.
Wrongful Death Claims
A person pursues a wrongful death claim when their goal is to seek damages stemming from the wrongful death of an individual. To bring a wrongful death claim you must have suffered damages as a result of a wrongful death, it is not a claim seeking to be compensated for the injuries sustained by the deceased themselves.
For example, let’s say there is a woman, Susan, who is the wife of a construction worker who lost his life on the job due to the extreme negligence of his employer. If Susan, as this man’s widow, were to bring forth a wrongful death claim, her claim would not be for compensation of her late husband’s injuries themselves. She would be seeking reimbursement for the harm that SHE has suffered, due to her husband’s wrongful death. Claims in a wrongful death suit can stem from items such as loss of the income that was being earned/would have been earned if the death did not occur.
A claim for wrongful death focuses on compensating those closest to the deceased who are impacted by the wrongful death. Recovering for the injuries that the deceased themselves sustained is usually covered by claims made under the Illinois Survival Act, further discussed below.
Illinois Survival Act
Cases under the Survival Act are different. A lawsuit under the Survival Act seeks to recover for the injuries that the deceased person themself sustained while they were still alive. The idea is that, had the deceased person survived their ordeal, they would have had a cause of action to recover against the negligent party.
The Illinois Supreme Court has been quite clear in specifying that the Illinois Survival Act does not create a new cause of action for litigants. Instead, the law enables the deceased’s representative to pursue a cause of action that the deceased had while that person was still alive.
Wrongful death claims, by contrast, is a cause of action that only comes to be AFTER a person has died. Those claims deal with the repercussions of the death itself, and do not accrue prior to the person’s death.
Contact Patel Law, PC
If your family has suffered the loss of a loved one and you are unsure of how the law may help you to recover, it is important to promptly speak with an experienced attorney. There are nuances in the law and deadlines you need to know about that experienced legal counsel can help ensure you are aware of. The knowledgeable Champaign wrongful death attorneys at Patel Law, PC are standing by to help you assess your case, and advise on next steps.
Source:
ilga.gov/Legislation/ILCS/Articles?ActID=2059&ChapterID=57 https://www.nprillinois.org/2026-01-27/families-of-killed-men-file-first-u-s-federal-lawsuit-over-drug-boat-strikes
