When a loved one suffers a tragic death in a motor vehicle crash, the emotional toll is devastating—and for many families, the financial burden that follows can be just as overwhelming. In both Illinois and Florida, wrongful death claims provide a legal pathway for survivors to seek compensation for their loss. A motor vehicle accident is one of the most common causes of wrongful death claims. These claims are a specific area of personal injury law, and can be filed by the deceased person’s family to recover damages.
However, each state has unique statutes governing who can file, what damages are allowed, and how long survivors have to act. After a fatal crash, insurance companies are often involved in paying compensation to the deceased person’s family. Below is a state-by-state guide comparing the laws in Illinois and Florida after a fatal car accident.
Introduction to Wrongful Death
Wrongful death occurs when a person’s life is tragically cut short due to the negligence, recklessness, or intentional actions of another individual or entity. For surviving family members, the loss is not only emotionally devastating but can also create significant financial challenges. In the United States, the law recognizes the right of family members to seek compensation through a wrongful death claim when wrongful death occurs. These wrongful death claims are designed to help families recover damages for their losses and hold the responsible party accountable. Typically, a wrongful death claim is filed by a family member or the personal representative of the deceased person’s estate, often with the guidance of an experienced wrongful death lawyer. By pursuing a wrongful death claim, surviving family members can seek compensation for the harm they have suffered and begin to rebuild their lives after such a profound loss.
Types of Incidents that Can Lead to a Wrongful Death Claim
A wrongful death claim can arise from a wide range of tragic incidents where someone’s negligence or misconduct results in a fatal accident. Some of the most common causes include car accidents, where reckless or impaired driving leads to a loved one’s death, and medical malpractice, in which a healthcare provider’s error or negligence causes a patient’s untimely passing. Workplace accidents, such as those occurring on construction sites or in industrial settings, can also result in wrongful death claims if safety protocols are ignored or equipment is faulty. Additionally, product liability cases—where a defective or dangerous product causes a fatal injury—may give rise to a wrongful death lawsuit. Each of these scenarios can be complex, and it is crucial to consult with an experienced wrongful death attorney or death attorney to determine whether the circumstances surrounding your loved one’s death qualify for a wrongful death claim. An attorney can help you understand your legal rights and the best path forward in seeking justice and compensation.
What Is a Wrongful Death Claim?
A wrongful death claim is a type of civil lawsuit brought by the surviving family members or the personal representative of the deceased person’s estate against the party whose actions caused the death. The primary goal of a wrongful death claim is to recover compensation for the losses suffered by the family, which may include medical expenses, funeral expenses, lost wages, and pain and suffering. To succeed in a wrongful death claim, the plaintiff must demonstrate that the defendant owed a duty of care to the deceased person, breached that duty, and that this breach directly resulted in the death. Navigating the legal process of a wrongful death claim can be overwhelming, especially during a time of grief. An experienced wrongful death lawyer can provide invaluable support, ensuring that the family’s rights are protected and that they have the best chance to recover compensation for their losses through the civil lawsuit process.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit and a legal claim brought by survivors when someone dies as a result of another person or entity’s negligence or wrongful act. These claims can arise from car accidents, medical malpractice, workplace incidents, and more. Wrongful death claims are a type of personal injury claim and are governed by personal injury principles.
Key Features:
Civil, not criminal: They are handled in civil court and can proceed regardless of whether criminal charges are filed. Wrongful deaths can be pursued in civil court even if no criminal charges are filed, allowing families to seek justice and compensation separately from any criminal proceedings.
Burden of proof: In both states, plaintiffs must show that it is “more likely than not” (preponderance of the evidence) that the defendant’s actions caused the death. This standard is similar to other personal injury cases, where negligence and shared fault may also impact the outcome.
Justia confirms that even if no criminal charges are filed, a wrongful death claim can still succeed.
Who Can File a Wrongful Death Lawsuit?
Illinois –740 ILCS 180/
Only the personal representative (executor or court-appointed administrator) may file on behalf of the deceased person’s estate.
The representative files on behalf of:
The decedent’s estate, through which claims are made for the benefit of:
Surviving spouse
Children
Next of kin who were financially dependent on the decedent
Adopted children and parents are generally treated the same as biological relatives.
If there’s no will, the court appoints a representative to act for the estate or her behalf.
Florida – Florida Statute § 768.20
Only the personal representative of the decedent’s estate may file.
The representative acts on behalf of:
Surviving spouse
Children (including minors under 25)
Parents of the deceased
Dependent blood or adoptive siblings
All beneficiaries must be identified in the lawsuit per § 768.21. Only those with the legal right under Florida law may bring a wrongful death claim.
What Damages Can Be Recovered?
Illinois
Damages are awarded for the benefit of the surviving family and may include:
Loss of financial support
Grief and mental suffering
Loss of companionship or consortium
Funeral and burial expenses
Medical expenses incurred prior to the victim’s death (via a separate survival action under 755 ILCS 5/27-6)
Punitive damages are not generally allowed in Illinois wrongful death cases.
Florida
Florida law allows for both economic and non-economic damages:
Medical bills and funeral expenses
Lost wages and loss of support
Emotional pain and suffering
Loss of companionship, protection, and guidance
Families may pursue a fair settlement or wrongful death settlement to obtain monetary compensation for these losses.
Punitive damages may be awarded in cases of gross negligence or intentional harm under Florida Statute § 768.72.
What Is a Survival Action?
Both states allow a “survival action” to recover damages the decedent would have been entitled to if they had survived. Survival actions may involve legal claims or negligence claims similar to personal injury claims:
State | Survival Action Covers |
|---|---|
Illinois | Medical expenses, pain and suffering before death (755 ILCS 5/27-6) |
Florida | Losses between injury and death (F.S. § 46.021), including pain, suffering, and lost income |
These are filed by the personal representative, separate from the wrongful death claim.
Comparative Fault: What If the Deceased Was Partly at Fault?
Illinois
Illinois follows a modified comparative negligence rule:
If the deceased is more than 50% at fault, the family cannot recover damages.
If they are 50% or less at fault, damages are reduced proportionally based on the share of fault assigned to the negligent party. If the death was caused by someone else’s negligence, the family’s recovery may be reduced, but they can still pursue damages from the negligent party responsible.
Florida
Florida follows a pure comparative fault model (as of recent changes under tort reform in 2023):
Damages are allocated among all responsible parties according to their share of fault. The family can recover even if the deceased was mostly at fault, but the award is reduced by the fault percentage.
How Long Do You Have to File? (Statute of Limitations)
State | Standard Deadline | Exceptions / Notes |
|---|---|---|
Illinois | 2 years from date of death (740 ILCS 180/) | Extended for criminal cases or if victim is a minor/disabled. The wrongful death statute sets this deadline for filing a wrongful death action. |
Florida | 2 years from date of death (F.S. § 95.11(5)(e)) | No time limit if death involved murder/manslaughter per § 95.11(11). The wrongful death statute governs the time limit for filing a wrongful death claim. |
Missing the deadline in either state typically bars filing a wrongful death claim—prompt legal action is essential. The process of filing a wrongful death action is governed by each state’s wrongful death statute, which determines who may file and the procedures to follow.
State Fatal Crash Data: The Risk Is Real
Florida
Over 3,400 traffic deaths in 2023
395,000 total accidents, with 250,000+ injuries
(Source: FLHSMV Traffic Crash Facts)
Illinois
More than 1,200 fatalities annually from motor vehicle crashes, many of which are classified as accidental death
Common causes: speeding, distracted driving, and impaired driving
(Source: IDOT Crash Data)
Why Legal Representation Matters
Wrongful death lawsuits are among the most emotionally and legally complex cases in civil law. From filing correctly under state statute, to proving damages, and navigating survival actions, skilled representation from a legal team of experienced wrongful death attorneys or wrongful death lawyers is critical. These professionals can guide families through the legal process and provide the support needed during such a difficult time.
A legal team of wrongful death attorneys can help:
File the claim on behalf of the estate
Identify all eligible beneficiaries
Calculate full economic and non-economic losses
Engage experts (accident reconstructionists, economists, etc.)
Comply with all statutory deadlines
Work to maximize compensation and protect the family’s interests
Know Your Rights and Take Action
After a loved one’s death caused by negligence or wrongful acts, families may have the right to pursue personal injury claims through wrongful death lawsuits. While Illinois and Florida both allow families to recover after a fatal crash, the laws governing who can file, what can be recovered, and how cases are handled differ significantly. The most important first step is to consult a qualified wrongful death attorney who understands the nuances of your state’s laws.
Call Demesmin and Dover Law Firm at 866‑954‑MORE(6673) for a free consultation, available 24/7. Let us be your legal support system while you focus on what truly matters, your family.