What Is the Difference Between a Wrongful Death Claim and a Survival Action in Illinois?

 Posted on September 14, 2026 in Business Law & Litigation

A wrongful death claim seeks compensation for the losses a family suffers after losing a loved one, while a survival action seeks compensation for what the deceased person personally went through between the injury and their death. Illinois allows both types of claims to be filed together after the same tragic event. If your family is facing loss due to someone else’s negligence in 2026, our Cook County personal injury lawyers can help you understand what each claim can recover.

What Does the Illinois Wrongful Death Act Cover?

Under 740 ILCS 180/2, Illinois allows a deceased person's surviving spouse and next of kin to recover damages caused by a wrongful death. This claim focuses on what the surviving family members have lost, not what the deceased person experienced directly. A court-appointed representative of the estate typically files this claim on behalf of the surviving spouse, children, or other close relatives.

What Damages Can a Wrongful Death Claim Recover?

Wrongful death damages belong to the survivors rather than the deceased person's estate. You might be able to recover:

• Loss of financial support the deceased would have provided

• Loss of companionship, guidance, and society for surviving family members

• Loss of services the deceased would have provided

• Funeral and burial expenses

• Grief and emotional suffering experienced by close relatives

A survival action, on the other hand, looks at an entirely different set of losses.

What Does the Illinois Survival Act Cover?

Under 755 ILCS 5/27-6, the Survival Act allows certain claims that belonged to the deceased person to continue on behalf of their estate after death. Unlike a wrongful death claim, this money generally becomes part of the estate rather than going directly to family members.

What Damages Can a Survival Action Recover?

A survival action can recover the pain and suffering the deceased person experienced, the medical bills they incurred, and the wages they lost between the time of the injury and the time of death. These damages reflect what the deceased person personally went through, not what their family lost after they died.

Can a Wrongful Death Claim and a Survival Action Be Filed Together in Illinois?

Families in Illinois can file both claims together. It’s actually very common in cases involving severe injuries. Pursuing both at once helps a family seek full compensation for everything that happened, from the initial injury through the aftermath of the death, rather than leaving part of the loss unaddressed.

How Long Do You Have to File a Wrongful Death or Survival Action Claim in Illinois?

Illinois law puts time limits on both types of claims, but the deadlines are not necessarily the same. Under 740 ILCS 180/2, a wrongful death claim generally must be filed within two years of the date of death, although exceptions can apply.

A survival action generally follows the deadline that applied to the deceased person's underlying claim. If the person dies before that deadline expires, the personal representative generally has until the original deadline or one year after the death, whichever is later, to file the surviving claim.

Because these deadlines can change depending on the type of claim and the specific facts of the case, it helps to get guidance from an experienced attorney well before the filing period closes.

Who Can File Wrongful Death and Survival Claims in Illinois?

Both a wrongful death claim and a survival action are generally filed by a personal representative appointed by the court to act on behalf of the deceased person's estate. This is often, though not always, a close family member such as a spouse or adult child. The representative brings the case for the benefit of the people the law recognizes as entitled to recover, even though the representative themself may not personally receive the funds.

Contact Our Arlington Heights, IL Wrongful Death Attorneys Today

Losing someone to another person's negligence brings both grief and difficult legal questions at the same time. Dickler, Kahn, Slowikowski & Zavell, Ltd. can help answer them. Our team brings over 150 years of combined legal experience to these cases. We give families thorough guidance through both a wrongful death claim and a survival action when both apply.

If your family is dealing with the loss of a loved one, talk with our Cook County personal injury lawyers to go over your options. Call 847-593-5595 to discuss the details of your case.