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Illinois

Statute of limitations for wrongful death in Illinois

Illinois wrongful-death actions generally must be filed within two years after the decedent's death. The statute includes longer or different timing for certain violent intentional conduct and criminal-case situations, so homicide-related death claims need separate review.

SoL period
2 years
From the date the cause of action accrues
Important: Deaths resulting from violent intentional conduct can fall under special timing rules in 740 ILCS 180/2(e).

Compute your deadline

Filing deadline
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Where this rule comes from

Statute
740 ILCS 180/2(d)
"Every wrongful-death action shall be commenced within 2 years after death, except as otherwise provided."
Read the full statute Last verified May 7, 2026 by Juryvine Editorial

Frequently asked

What is the statute of limitations for wrongful death in Illinois?
2 years from the date the cause of action accrues. Authority: 740 ILCS 180/2(d).

Wrongful Death statute by state

California 2 years Florida 2 years New York 2 years Pennsylvania 2 years Texas 2 years

Other Illinois statutes of limitations

Personal Injury 2 years Medical Malpractice 2 years Breach of Written Contract 10 years Breach of Oral Contract 5 years Fraud 5 years Civil Rights — 42 U.S.C. § 1983 2 years Premises Liability 2 years Product Liability 2 years
Not legal advice. Statutes of limitations are governed by complex doctrine with many exceptions. Use this page as a starting point and verify with an attorney before relying on any deadline. Juryvine is not a law firm and does not represent clients.