When Can You Sue After Your Spouse Dies in a Car Crash?

 Posted on November 20, 2025 in Personal Injury

Losing your spouse in a car crash is devastating. Besides your personal grief, you also have to keep dealing with tough logistical issues. Bills might be piling up. You might have lost the income your spouse provided. Your children still need your support.

In the midst of this pain, you wonder if you have any legal options. Illinois law allows surviving family members to file a wrongful death lawsuit when someone else's negligence causes a death. Our Barrington fatal car accident attorneys can discuss your case with you and help you understand your options. 

Who Can File a Wrongful Death Lawsuit in Illinois?

Illinois law is specific about who can bring a wrongful death claim. Under the Illinois Wrongful Death Act, 740 ILCS 180/1, only the personal representative of the deceased person's estate can file a lawsuit. This is usually the person named in the will or appointed by the court if there was no will.

The personal representative files the lawsuit on behalf of all the surviving family members who can recover damages. You do not have to be the personal representative to benefit from the lawsuit, but the personal representative must be the one who actually files the case in court. 

As the surviving spouse, you are the first person entitled to receive compensation from a wrongful death claim. If there are children, they can also recover. If there is no spouse or children, then parents and siblings can receive damages.

When Does Someone Else's Negligence Make Them Liable for a Fatal Car Accident?

You can sue when another driver's carelessness or reckless behavior caused the crash that killed your spouse. The other driver does not have to be charged with a crime for you to have a case. You can win your civil case even if the other driver was never charged or was found not guilty in criminal court. 

Sometimes multiple parties share responsibility for a fatal car accident. For example, if your spouse was killed by a drunk driver who was served alcohol at a bar after already being visibly intoxicated, both the driver and the bar might be liable. Or if a defective vehicle part contributed to the crash, the manufacturer could be responsible, too.

What Damages Can You Recover if Your Spouse Dies in a Car Crash?

Illinois wrongful death law allows surviving family members to recover for several types of losses. First, you can recover for the grief, sorrow, and mental suffering of losing your spouse. The law recognizes that this emotional loss has real value.

Loss of companionship also compensates you for losing your partner in life. Your spouse was there for daily support, advice, comfort, and love. You lost all the years you should have had together. Courts understand that this loss affects every aspect of your life.

Financial losses are also recoverable. Your spouse likely contributed to household income and provided services like childcare, home maintenance, and other help. You can recover for these economic contributions you lost.

You can also recover the medical expenses from your spouse's final injury and funeral and burial costs. These bills often total thousands of dollars and add to the financial stress you face.

How Long Do You Have to File a Wrongful Death Claim in Illinois?

Illinois law gives you two years from the date of death to file a wrongful death lawsuit. This statute of limitations is set in 740 ILCS 180/2. If you miss this deadline, you permanently lose your right to sue, no matter how strong your case is.

Call a Barrington, IL Personal Injury Attorney Today

Contact Lucas Law at 847-381-8700 for a free consultation about your wrongful death case. Our Barrington, IL personal injury lawyers have many decades of experience helping families recover compensation after losing loved ones in car crashes. We understand the pain you are going through and will handle your case with compassion while fighting aggressively for the justice and compensation your family deserves.