A wrongful death claim in Illinois is not the injured person’s claim carried forward. It is a different action, brought by a different party, measuring a different loss, and running on its own clock. Families are rarely told this at the point when it matters. The Law Offices of Michael W. Kopsick handles wrongful death and serious injury claims in Lake Villa.
Who Brings the Action and When
An action under the Illinois Wrongful Death Act is brought by and in the names of the personal representative of the deceased, for the benefit of the surviving spouse and next of kin. It must be commenced within two years after the death, under 740 ILCS 180/2. The starting point is the date of death, not the date of the negligent act, and that distinction is not the same in every state. Two variations matter.
Where the death resulted from violent intentional conduct, or the defendant is charged with one of the listed criminal offenses, the Act allows a longer period. And a beneficiary under 18 when the cause of action accrued may bring the action within two years after turning 18. Wrongful death claims usually require opening an estate first, a step families do not anticipate.
What the Claim Measures
The Act allows the jury to award fair and just compensation with reference to the pecuniary injuries resulting from the death, including damages for grief, sorrow, and mental suffering, to the surviving spouse and next of kin. Distribution among beneficiaries is decided by the court according to each person’s degree of dependency on the deceased, following a hearing held for that purpose. That is worth knowing early, because it means the family is not simply dividing a number by agreement afterward.
When a Crash Becomes a Death Case
Lake Villa sits where Illinois Route 83 and Grand Avenue carry through traffic past the village center, and the surrounding chain of lakes roads mix local and recreational traffic on one pavement. Where a person survives an incident and later dies of the injuries, both a survival claim and a wrongful death action can exist. The auto accident claims the firm handles sometimes change character weeks later for that reason.
Frequently Asked Questions
Do I need a personal injury lawyer in Lake Villa, IL to bring a wrongful death claim?
The action must be brought by a personal representative, which usually requires opening an estate first. Most families need help with that step.
Does the two year period run from the crash or the death?
Under the Illinois Wrongful Death Act it runs from the date of death. Other claims arising from the same event may run from a different date.
How The Law Offices of Michael W. Kopsick Handles Injury Claims in Lake Villa
The firm handles the estate opening and the liability investigation in parallel, since neither can wait for the other without cost. The Law Offices of Michael W. Kopsick sets out how the firm works for families deciding whether to make the call.
The probate step that lets a claim be filed at all takes time that runs inside the same two year period, which is the practical reason to ask early rather than a matter of pressure. There is no cost to a conversation. You can contact the firm when you are ready.
Last reviewed: September 2026
This page was reviewed by Michael W. Kopsick, licensed in Illinois since 2014.
Content is provided for informational purposes only and does not constitute legal advice. Consult a licensed Illinois attorney for guidance specific to your situation.
