Survival Actions vs. Wrongful Death Claims in Illinois

 Posted on October 28, 2026 in Personal Injury

Losing a family member after a serious accident leaves questions about both their final days and the future of those they supported. Illinois law provides two types of claims that address these different losses.

A survival action seeks compensation for harm the person suffered before death. A wrongful death claim addresses losses their death caused surviving family members. If your family is considering a wrongful death claim in 2026, our Chicago, IL wrongful death attorneys will explain which claims apply and help you pursue them.

What Is a Survival Action in Illinois?

A survival action preserves an injured person’s right to seek compensation after they die. Under 755 ILCS 5/27-6, qualifying claims survive the person’s death and are pursued through their estate.

For example, someone could suffer severe injuries in a truck crash and die after several weeks of hospital care. A survival action would address the injuries and losses they experienced during that period.

The person does not need to have filed a lawsuit before dying. An estate representative can bring an eligible claim afterward. A survival action also does not require the injury to have caused the death. An existing injury claim could continue even if the person later died from an unrelated illness.

What Compensation Does an Illinois Survival Action Cover?

A survival action seeks damages the injured person could have recovered for harm suffered during their lifetime. Depending on the evidence, these include:

• Medical expenses for treatment before death
• Income lost between the injury and death
• Conscious pain and suffering
• Disability or disfigurement caused by the injury

The claim should distinguish losses caused by the injury from expenses or health problems that existed beforehand. It does not include the family’s grief, which belongs under a different claim.

What Does an Illinois Wrongful Death Claim Cover?

A wrongful death claim seeks compensation for the surviving spouse and next of kin when another party’s wrongful conduct causes a death. According to 740 ILCS 180/2, recoverable losses include grief, sorrow, and mental suffering.

The claim also addresses lost financial support and the value of the relationship. For example, children who lose a parent could lose both the income that supported their household and the parent’s guidance and care.

Unlike a survival action, this claim requires proof that the defendant’s conduct caused the death. Showing that someone caused an injury is not enough without that connection.

Can Both Claims Be Part of the Same Illinois Lawsuit?

Both claims can arise from the same accident and be included in one lawsuit. They remain separate claims because they seek payment for different harms.

Consider a person who suffers fatal injuries in a collision but lives for several days. Their medical treatment and conscious suffering could support a survival action. Their family’s lost support and companionship could also support a wrongful death claim.

The settlement or verdict should identify which money belongs to each claim. Families cannot recover twice for the same loss, and dividing the proceeds between claims requires a sound basis. That division also affects how the money is distributed.

Who Files Survival Actions and Wrongful Death Claims and Receives the Compensation in Illinois?

The deceased person’s legal representative brings the claims. Being a spouse or adult child does not automatically provide authority to file on the person’s behalf. The required court appointment must be addressed.

Survival proceeds belong to the estate. Distribution follows estate rules, including valid creditor claims and the person’s will or Illinois inheritance law.

Wrongful death proceeds benefit the surviving spouse and next of kin. The court determines their shares based on their relative dependency on the deceased person. The money is not automatically divided equally or distributed according to the will.

The same person might benefit from both claims, but the amounts they receive need not match. Clear allocation and distribution terms are especially important when children or several family members are involved.

Contact a Chicago, IL Wrongful Death Lawyer

A fatal injury claim should account for the harm your loved one suffered and the losses your family now faces. At Tomasik Kotin Kasserman, LLC, our attorneys will investigate what happened and help your family pursue compensation from those responsible.

Our team has over 150 years of combined legal experience. Contact our Chicago, IL wrongful death attorneys or call 312-605-8800 for a free consultation. We work on a contingency fee basis, so you pay no attorney fees unless we recover compensation for you.