Illinois Wrongful Death Calculator
740 ILCS 180 Wrongful Death Act — NO caps post-Lebron 2010. Grief + sorrow + mental suffering EXPRESSLY included in 180/2. Cook County 3-5× downstate
Last reviewed: April 2026
⚖ IL 740 ILCS 180: NO caps (Lebron 2010). Grief + sorrow + mental suffering EXPRESSLY included (unlike NY). Cook County $55.5M med-mal + $363M max. 2 yr SOL.
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Reviewed by Leonard Goldberg, Editor · Last updated
Illinois Wrongful Death — No Caps + Grief Included
Illinois 740 ILCS 180 Wrongful Death Act is one of the most plaintiff-friendly in US. Section 180/2 EXPRESSLY includes grief, sorrow, and mental suffering as recoverable damages — broader than most states + uniquely explicit.
NO statutory caps for wrongful death. Illinois Supreme Court struck down non-economic caps in Lebron v. Gottlieb Memorial Hospital (2010) — separation of powers + legislative remittitur violates judiciary. All caps under PA 94-677 voided. No subsequent cap legislation has survived constitutional scrutiny.
Parallel actions: Wrongful Death (740 ILCS 180) heirs' own losses INCLUDING grief. Survival Act (755 ILCS 5/27-6): estate recovers decedent's pre-death losses. Cook County vs downstate differential: nuclear verdicts ($10M+) at 3-5× the rate. 13 IL nuclear verdicts since 2022 — all but ONE from Cook County, ranging $10.5M-$363M. SOL: 2 years (735 ILCS 5/13-202). Notable: $55.5M Cook County UIH med-mal (2023); $28.7M Gottlieb (2023); $22M City of Chicago (2025/26 police chase settlement); $30M downstate trucking couple.
Illinois Wrongful Death FAQs
Who can file wrongful death in Illinois?
Personal representative of estate files. Proceeds go to surviving spouse + next of kin per intestacy. Minor children, adult children, parents, siblings CAN all be beneficiaries depending on estate structure.
What damages can I recover?
Economic losses (lost support, services) AND non-economic losses — including grief, sorrow, mental suffering — EXPRESSLY listed in 740 ILCS 180/2. IL is one of few states that expressly includes grief in statute.
Is there a cap on IL wrongful death damages?
NO. IL Supreme Court struck down all non-economic caps as unconstitutional in Lebron v. Gottlieb (2010). No cap on compensatory damages. Courts may reduce excessive awards via remittitur.
How long do I have to file?
2 years from date of death. If decedent was minor, SOL tolled until 18th birthday + 2 more years. Fraudulent concealment: 5 years from discovery (§5/13-215).
What's the difference between wrongful death + survival in IL?
Wrongful death (740 ILCS 180): compensates heirs for their losses INCLUDING grief. Survival (755 ILCS 5/27-6): compensates estate for decedent's pre-death pain + suffering + economic losses. Both filed in same lawsuit typically.
Does it matter if I file in Cook County vs downstate?
YES — significantly. Cook County juries return nuclear verdicts at 3-5× the rate + dollar value of downstate. 79% of IL nuclear verdicts come from Cook County. Venue rules: defendant residence, event location, corporate registration.
Are punitive damages available?
Yes — when conduct involves willful or wanton behavior. Illinois has NO statutory cap on punitive damages in wrongful death cases. Standard: clear & convincing evidence.
How much is an Illinois wrongful death settlement worth?
Cook County serious negligence: $20M-$55M+ verdicts common. Downstate: $1M-$12M typical range. Medical malpractice, trucking, institutional negligence drive highest awards. Recent record: $363M downstate nuclear verdict (outlier).
Related
Wrongful Death Calculators by State
Wrongful-death damages, caps, and who can file vary by state:
Other Calculators for Illinois
Each Illinois calculator reflects state-specific laws (caps, statutes of limitations, comparative-negligence rules) and uses Illinois verdict data where available.