State Codes and Statutes
Statutes > Illinois > Chapter740 > 2059 (740 ILCS 180/0.01) (from Ch. 70, par. 0.01) Sec. 0.01. Short title. This Act may be cited as the Wrongful Death Act. (Source: P.A. 86‑1324.) |
(740 ILCS 180/1) (from Ch. 70, par. 1) (Text of Section WITH the changes made by P.A. 89‑7, which has been held unconstitutional) Sec. 1. Whenever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who or company or corporation which would have been liable if death had not ensued, shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to felony. No action may be brought under this Act if the decedent had brought a cause of action with respect to the same underlying incident or occurrence which was settled or on which judgment was rendered. This amendatory Act of 1995 applies to causes of action accruing on or after its effective date. (Source: P.A. 89‑7, eff. 3‑9‑95 .) (Text of Section WITHOUT the changes made by P.A. 89‑7, which has been held unconstitutional) Sec. 1. Whenever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who or company or corporation which would have been liable if death had not ensued, shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to felony. (Source: Laws 1853, p. 97.) |
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(2) Where the trier of fact finds that the | ||
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The trial judge shall conduct a hearing to determine the degree of dependency of each beneficiary upon the decedent. The trial judge shall calculate the amount of damages to be awarded each beneficiary, taking into account any reduction arising from either the decedent's or the beneficiary's contributory fault. This amendatory Act of the 91st General Assembly applies to all actions pending on or filed after the effective date of this amendatory Act. This amendatory Act of the 95th General Assembly applies to causes of actions accruing on or after its effective date. (Source: P.A. 95‑3, eff. 5‑31‑07.) |
(740 ILCS 180/2.1) (from Ch. 70, par. 2.1) Sec. 2.1. In the event that the only asset of the deceased estate is a cause of action arising under this Act, and no petition for letters of office for his or her estate has been filed, the court, upon motion of any person who would be entitled to a recovery under this Act, and after such notice to the party's heirs or legatees as the court directs, and without opening of an estate, may appoint a special administrator for the deceased party for the purpose of prosecuting or defending the action. If there is more than one special administrator appointed and one of the administrators is a corporation qualified to act as a representative of the estate of a decedent and if the compensation of the attorney or attorneys representing the special administrators is solely determined under a contingent fee arrangement, then upon petition and approval by the court, the special administrator which is a corporation shall not participate in or have any duty to review the prosecution of the action, to participate in or review the appropriateness of any settlement of the action, or to participate in or review any determination of the appropriateness of any fees awarded to the attorney or attorneys employed in the prosecution of the action. If a judgment is entered or the action is settled in favor of the special administrator, he or she shall distribute the proceeds as provided by law, except that if proceeds in excess of $5,000 are distributable to a minor or person under legal disability, the court shall allow disbursements and fees to the special administrator and his or her attorney and the balance shall be administered and distributed under the supervision of the probate division of the court if the circuit court has a probate division. (Source: P.A. 92‑288, eff. 8‑9‑01.) |
(740 ILCS 180/2.2) (from Ch. 70, par. 2.2) Sec. 2.2. The state of gestation or development of a human being when an injury is caused, when an injury takes effect, or at death, shall not foreclose maintenance of any cause of action under the law of this State arising from the death of a human being caused by wrongful act, neglect or default. There shall be no cause of action against a physician or a medical institution for the wrongful death of a fetus caused by an abortion where the abortion was permitted by law and the requisite consent was lawfully given. Provided, however, that a cause of action is not prohibited where the fetus is live‑born but subsequently dies. There shall be no cause of action against a physician or a medical institution for the wrongful death of a fetus based on the alleged misconduct of the physician or medical institution where the defendant did not know and, under the applicable standard of good medical care, had no medical reason to know of the pregnancy of the mother of the fetus. (Source: P.A. 81‑946.) |