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Wrongful Death Settlements in Illinois

If you have been involved in a wrongful death in Illinois, understanding how the state's personal injury laws affect your claim is essential. Illinois follows the modified comparative fault (51% bar) system, and you have 2 years from the date of your injury to file a lawsuit.

Wrongful Death Settlement Range in Illinois

Nationally, wrongful death settlements range from $100,000 to $5,000,000. In Illinois, settlement values are influenced by the state's fault rules, damage caps, and local jury tendencies.

Low

$100,000

Estimated

$500,000

High

$5.0M

How Illinois Law Affects Your Wrongful Death Claim

Illinois uses a modified comparative fault system with a 51% bar, barring recovery when the plaintiff is more than 50% at fault. The Illinois Supreme Court struck down statutory caps on non-economic damages as unconstitutional, leaving Illinois without damage caps in personal injury cases. Cook County (Chicago) is one of the most plaintiff-friendly jurisdictions in the country, often yielding substantial jury verdicts.

Under Illinois's modified comparative fault (51% bar) system, your settlement may be affected if you share any responsibility for the accident. Your recovery will be reduced by your fault percentage, and you are barred from recovery if your fault reaches 51% or more.

Factors Affecting Wrongful Death Claims in Illinois

  • ✓Decedent's age, income, and earning potential
  • ✓Number and financial dependency of surviving beneficiaries
  • ✓Circumstances and degree of negligence
  • ✓Decedent's pain and suffering prior to death
  • ✓Loss of consortium and companionship
  • ✓Funeral and burial expenses
  • ✓State wrongful death statute limitations

Common Wrongful Death Injuries

Fatal traumatic brain injuriesFatal spinal cord injuriesDeath from medical malpracticeFatal burns or smoke inhalationDeath from toxic substance exposureFatal internal injuriesDeath resulting from defective products

Relevant Illinois Statutes

  • •735 Ill. Comp. Stat. 5/13-202 (statute of limitations)
  • •735 Ill. Comp. Stat. 5/2-1116 (modified comparative fault, 51% bar)
  • •510 Ill. Comp. Stat. 5/16 (dog bite strict liability)

Wrongful Death Claims in Illinois Cities

If your wrongful death occurred in Chicago, Aurora, Joliet, Naperville, Rockford, or anywhere else in Illinois, the same state laws apply. Local court systems and jury pools can also influence settlement outcomes.

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This information is for educational purposes only and is not legal advice. Consult a licensed personal injury attorney in your state.