Wrongful Death Damages in Illinois

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Published July 14, 2026 • By DocketMath Team

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Quoted from the source law itself. Not legal advice; confirm how it applies to your matter.

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Illinois wrongful-death-damages: statute of limitations years is 2; statute of limitations years is 1.

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Authority and key facts

Citation: 740 ILCS 180/1

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Verified April 24, 2026

  • Statute Of Limitations Years: 2
  • Statute Of Limitations Years: 1
  • Non Economic Cap Source: ts_map_migration_ANO-1308

This page provides general legal information and calculation tools, not legal advice. DocketMath is not a law firm and does not provide legal representation, and using this site does not create an attorney-client relationship. Laws change and exceptions apply, so deadlines and amounts specific to your situation should be confirmed with a licensed attorney in your jurisdiction.

Wrongful Death Damages in Illinois

Illinois law limits the amount a plaintiff can recover for grief, sorrow, and mental suffering in a wrongful death action to a fixed sum. Under 740 ILCS 180/1, the statutory cap for these non-economic damages is set at $1,308. This figure applies to the total recovery for the decedent’s next of kin, not per claimant, and is adjusted by the state’s cost-of-living index. The statute provides additional rules for calculating other recoverable losses, such as lost financial support and medical expenses. The worked example below demonstrates how the cap interacts with the full damage calculation. For an estimate tailored to your situation, use the DocketMath calculator.

Governing authority

In Illinois, the wrongful death damages rule is set by 740 ILCS 180/1. The verified packet cites 740 ILCS 180/1 (https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=074000180K1).

Illinois wrongful death damages: the verified value is $1,308 under 740 ILCS 180/1. The verified packet cites 740 ILCS 180/1 (https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=074000180K1).

Estimate your own result: every situation has exceptions that can change the outcome. Use the wrongful death damages calculator to estimate your specific figure.

This page provides general legal information and calculation tools, not legal advice. DocketMath is not a law firm and does not provide legal representation, and using this site does not create an attorney-client relationship. Laws change and exceptions apply, so deadlines and amounts specific to your situation should be confirmed with a licensed attorney in your jurisdiction.