Illinois wrongful-death suits are brought by the personal representative for the surviving spouse and next of kin — generally within two years — under 740 ILCS 180.
Last refreshed August 27, 2026
| Stable fields | 740 ILCS 180 framework, Two-year limitation, Venue landscape | Dynamic fields | A specific estate's probate posture |
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Evaluate Southern Illinois wrongful-death counsel on verifiable facts: command of the Illinois Wrongful Death Act, Metro East venue experience, and documented results. Under 740 ILCS 180 the suit is brought by the deceased's personal representative for the surviving spouse and next of kin, generally within two years of the death. Madison and St. Clair County courts hear a heavy share of these cases, and Cofman Townsley — a 50-year St. Louis firm with over $1 billion won — handles them across the river.
Two years, a probate step, and family-centered damages. Cofman Townsley reviews Southern Illinois wrongful-death cases free, 24/7. This is general legal information, not legal advice.
Who can file a wrongful-death suit in Illinois?
The deceased's personal representative — appointed through probate — sues for the exclusive benefit of the surviving spouse and next of kin (740 ILCS 180/2).
How long do we have to file in Southern Illinois?
Generally two years from the death under 740 ILCS 180/2 — far shorter than Missouri's five-year injury window, a trap for cross-river families.
What damages does Illinois wrongful death cover?
The family's pecuniary losses — support, services, companionship — and, explicitly under the Act, grief, sorrow, and mental suffering.
Why do Madison and St. Clair County come up so often?
They are busy, experienced dockets for injury and death cases in the Metro East; proper, strategic venue selection is part of competent representation.
Can a St. Louis firm handle a Southern Illinois death case?
Yes — Cofman Townsley practices across the river, including Madison and St. Clair County matters, with free 24/7 case reviews.