Who can file an Illinois wrongful death claim?


If a loved one has died in Illinois due to the negligent or unlawful actions of another, you should consider filing a wrongful death claim. A negligent or unlawful act may include:

  • Driving under the influence (DUI)
  • Rockford car accident or motor vehicle collision
  • Manufacturing a dangerous or defective product
  • Poor building construction
  • Medical malpractice

If your loved one died as a result of any of these actions, call a Rockford wrongful death lawyer—you may be eligible for compensation.

The following parties may file a wrongful death claim:

  • Spouse
  • Child, parent, or next of kin in the event that a spouse is deceased
  • Executor of the estate

Note that an executor must file a wrongful death suit—if warranted—in order to protect the interests of the beneficiaries. Distant relatives are not allowed to file a wrongful death claim.

If a loved one suffered prior to dying, the family member or the executor of the estate may also file a claim for survivorship. This claim covers medical bills incurred between the time of the accident and the death that are not covered by a wrongful death suit.

Nothing can bring back your loved one and no amount of money will ease the emotional pain you are suffering. However, compensation may ease the financial burden you are suffering due to your tragic loss. If you lost someone due to the negligence or carelessness of another party and need help, contact a Rockford wrongful death attorney at The Fisk & Monteleone Law Firm for assistance. Our caring, compassionate, and experienced lawyers will review your case during a fast and free consultation and help you to understand your legal options. Call us today at 888-716-7336—we are here for you!