Wrongful Death Deadline vs. Personal Injury Statute of Limitations

By the FigureMyTax Editorial Team · How we calculate

Illinois's two deadlines run on the same basic clock — but a real exception tied to pending criminal charges can stretch the wrongful death window well past the standard rule.

The same general period

Illinois's wrongful death deadline is generally 2 years from the date of death — the same general period that governs an ordinary personal injury claim under 735 ILCS 5/13-202. Illinois keeps the two aligned rather than setting a separately-calculated deadline for wrongful death specifically.

A real exception for violent crime

If the death resulted from a violent intentional act and the defendant was charged with a crime, a tolling provision tied to Illinois's Criminal Victims' Escrow Account Act can extend the standard 2-year filing window. Criminal proceedings often take considerably longer to resolve than two years, and this provision recognizes that a family's civil claim shouldn't be forced onto the same tight timeline as a related criminal prosecution.

The clock starts at death, not the original injury

The wrongful death deadline runs from the date of death, not from any underlying injury. This matters when someone is injured, survives for a period, and later dies from that injury: the clock starts fresh at death, giving the family their own window from that point forward.

This is general information, not legal advice, and deadline rules allow little room for error. Confirm the exact deadline for your situation with a licensed Illinois attorney immediately.