Motor vehicle safety remains a serious concern in our region. According to data from the Illinois Department of Transportation, there were 1,176 confirmed car accident deaths statewide in 2025 alone. If you lost a loved one in a car wreck caused by someone else’s negligence, it is imperative that you and your family know how to bring a civil claim during such a challenging time. In this article, our Joliet wrongful death car accident attorney provides an overview of the key things to know about your rights, your options, the law, and the claims process in Illinois.
Wrongful Death Car Accident: An Overview of the Law in Illinois
A wrongful death claim is a type of civil cause of accident that survivors may bring after a fatal accident, including a deadly motor vehicle crash. Wrongful death cases are generally governed by state law. If your loved one was killed in a crash in Joliet or elsewhere in Will County, Illinois law applies. Here are key points to know about the law for wrongful death and car accidents in Illinois:
- Illinois has a Wrongful Death Statute: All fatal motor vehicle accident claims for a wrongful death must be brought under our state’s wrongful death statute. Indeed, the right to sue arises under the Illinois Wrongful Death Act. A representative must prove that the decedent could have maintained a personal injury action had death not occurred. Any substantive defense that would have barred or reduced the decedent’s claim applies to a wrongful death claim as well.
- A Personal Representative Must Bring the Claim: A wrongful death claim is brought for the benefit of the survivors of the victim, such as the spouse or children. However, these parties do not technically file the claim. Illinois law vests exclusive authority to bring a wrongful death action in the personal representative of the estate. The circuit court appoints that representative through probate if one does not already exist. He or she prosecutes the claim in a fiduciary capacity for the exclusive benefit of the next of kin. Individual family members cannot file separate wrongful death lawsuits in their own names. As a matter of process, it is crucial that the estate is “opened” and a personal representative is appointed.
- Wrongful Death Liability is Based on Fault (Negligence): Wrongful death claims for car accidents are fault-based legal cases. To hold another party (driver, vehicle manufacturer, or otherwise) legally liable for a deadly crash, you need to prove that their recklessness or carelessness (negligence) was a cause of the accident. Among other things, you must establish duty, breach, causation, and damages with reliable evidence. Every deadly crash should be thoroughly investigated by an experienced Illinois wrongful death lawyer.
- A Strict Deadline Applies (Statute of Limitations): Wrongful death claims for car accidents in Illinois are time-sensitive. Wrongful death actions generally must be filed within two years of the date of death under 740 ILCS 180/2(d). Notably, the clock does not run from the date of injury if death occurs later. Do not fall behind the defense or insurance company in the claims process. Speak to a Joliet, IL wrongful death car accident lawyer right away after a fatal wreck.
A civil wrongful death claim is the legal option to help grieving families get justice, accountability, and financial support. Your family is not alone in the claims process. If you have any questions or concerns about the law in Illinois, please do not hesitate to contact our Joliet wrongful death auto accident lawyer for a free, confidential consultation.
Compensation for Death in a Car Accident
Illinois law separates liability from damages. Once the personal representative establishes duty, breach, and proximate cause, the case turns to the nature and proof of recoverable losses. Although no amount of compensation will ever be enough to make things right after such a horrible loss, families need justice and financial support. Compensation is what the civil legal system in Illinois is designed to provide to the survivors. There are two main (broad) categories of damages in a car accident wrongful death case in Illinois:
- Economic Damages: Economic damages are the actual, tangible financial losses that can be tied directly to the fatal crash. Some of the most common examples of economic damages in wrongful death car accident cases in Illinois, referred to as “pecuniary losses,” include: funeral and burial expenses, out of pocket medical costs, and loss of financial benefits, such as insurance coverage, loss of future income, to name a few.
- Non-Economic Damages: In wrongful death claims, non-economic damages often make up the bulk of the loss. Non-economic damages focus on the human impact of the loss on the next of kin. Illinois permits recovery for loss of society, defined as the benefits of the loss of
love, affection, care, attention, companionship, comfort, guidance, and
protection.
Note: The Illinois Wrongful Death Act does not permit the recovery of punitive damages. However, in some cases, a narrow path to recovery of such damages may be available through a survival action claim.
Why Trust Illinois Wrongful Death Lawyer Michael J. Lichner
The loss of a loved one to a motor vehicle accident is a terrible tragedy. It is normal for grieving families to have a lot of questions about their rights and their options. Michael J. Lichner is an Illinois wrongful death lawyer with the knowledge, skills, and experience to handle fatal motor vehicle accident claims. We are committed to putting your best interests first. Contact us at our Joliet law office for a free, confidential consultation with an Illinois fatal car accident attorney.
Contact Our Joliet, IL Wrongful Death Auto Accident Attorney Today
Michael J. Lichner is a Joliet wrongful death car accident attorney who is a compassionate advocate for grieving families. If your loved one was killed in a crash, we are here to help you navigate the claims process. Contact us today for a free, completely confidential consultation. With an office in Joliet, we handle fatal auto accident claims in Will County and throughout the broader region in Northern Illinois, including in the zip codes of 60431, 60432, 60433, 60435, and 60436.