wrongful death claim in Illinois

2015App. 3d at 386 (when a wrongful death claim is predicated on a claim of medical malpractice that was not apparent to the plaintiff at the time of death, “the time for filing a wrongful death claim will be governed by the statute of limitations applicable to medical malpractice actions under section 13-212(a) of the Code”); Wells, 284 Ill.

2015App. 3d at 386 (when a wrongful death claim is predicated on a claim of medical malpractice that was not apparent to the plaintiff at the time of death, “the time for filing a wrongful death claim will be governed by the statute of limitations applicable to medical malpractice actions under section 13-212(a) of the Code”); Wells, 284 Ill.

2016Notably, however, a wrongful-death claim, like a spoliation claim, is derivative: “derivative of the action [the] decedent had in his lifetime.” Limer v. Lyman, 220 Ill.

2015Notably, however, a wrongful-death claim, like a spoliation claim, is derivative: “derivative of the action [the] decedent had in his lifetime.” Limer v. Lyman, 220 Ill.

2026The amount recovered “shall be distributed ‘to each of the surviving -17- No. 1-24-0371 spouse and next of kin of such deceased person in the proportion, as determined by the court, that the percentage of dependency of each such person upon the deceased person bears to the sum of the percentages of dependency of all such persons upon the deceased person.’ ” Carter, 2012 IL 113204, ¶ 39 (quoting 740 ILCS 180/2 (West 2006)). “[T]he personal representative in a wrongful- death claim is ‘merely a nominal party to this action, effectively filing suit as a statutory trustee on behalf of the survivin

2020Therefore, the Illinois Supreme Court has explained that the personal representative in a wrongful death claim is “merely a nominal party to this action, effectively filing suit as a statutory trustee on behalf of the surviving spouse and next of kin, who are the true parties in interest.” Glenn v. Johnson, 198 Ill. 2d 575, 583 (2002); see also Pasquale v. Speed Products Engineering, 166 Ill. 2d 337, 361 (1995) (statutory requirement that wrongful death action be brought by and in the name of the personal representative serves to avoid a multiplicity of suits by the next of kin, and ensures th

2015App. 3d at 287 (statute of limitations for wrongful death action began to run when plaintiff learned of defendant’s negligence); Neade, 277 Ill.

2015App. 3d at 287 (statute of limitations for wrongful death action began to run when plaintiff learned of defendant’s negligence); Neade, 277 Ill.

2026The amount recovered “shall be distributed ‘to each of the surviving -17- No. 1-24-0371 spouse and next of kin of such deceased person in the proportion, as determined by the court, that the percentage of dependency of each such person upon the deceased person bears to the sum of the percentages of dependency of all such persons upon the deceased person.’ ” Carter, 2012 IL 113204, ¶ 39 (quoting 740 ILCS 180/2 (West 2006)). “[T]he personal representative in a wrongful- death claim is ‘merely a nominal party to this action, effectively filing suit as a statutory trustee on behalf of the survivin

2026The amount recovered “shall be distributed ‘to each of the surviving -17- No. 1-24-0371 spouse and next of kin of such deceased person in the proportion, as determined by the court, that the percentage of dependency of each such person upon the deceased person bears to the sum of the percentages of dependency of all such persons upon the deceased person.’ ” Carter, 2012 IL 113204, ¶ 39 (quoting 740 ILCS 180/2 (West 2006)). “[T]he personal representative in a wrongful- death claim is ‘merely a nominal party to this action, effectively filing suit as a statutory trustee on behalf of the survivin

2016Thus, the limitations period for a wrongful-death claim begins to run at the time of the death, but “only if the deceased had a claim that was not time barred on or before his death.” Wolfe v. Westlake Community Hospital, 173 Ill.

2015Thus, the limitations period for a wrongful-death claim begins to run at the time of the death, but “only if the deceased had a claim that was not time barred on or before his death.” Wolfe v. Westlake Community Hospital, 173 Ill.

2018Ott v. Little Co. of Mary Hospital, 273 Ill.

2018Ott v. Little Co. of Mary Hospital , 273 Ill.

2015Young, 303 Ill.

2015See Young, 303 Ill.

2011Cf. Helicopteros, 466 U.S. at 415 , 104 S.Ct. 1868 (finding that a wrongful death claim did not arise out of defendant's activities in Texas, where the helicopter crash occurred in Peru and not Texas). ¶ 30 In the case at bar, both parties cited the United States Supreme Court's decision in Asahi Metal Industry Co. v. Superior Court, 480 U.S. 102 , 107 S.Ct. 1026 , 94 L.Ed.2d 92 (1987), as the high court's most recent, relevant statement about minimum contacts, but they disagreed about what Asahi means, and how it should be applied to the facts of our case.

2011Cf. Helicopteros, 466 U.S. at 415 , 104 S.Ct. 1868 (finding that a wrongful death claim did not arise out of defendant's activities in Texas, where the helicopter crash occurred in Peru and not Texas). ¶ 30 In the case at bar, both parties cited the United States Supreme Court's decision in Asahi Metal Industry Co. v. Superior Court, 480 U.S. 102 , 107 S.Ct. 1026 , 94 L.Ed.2d 92 (1987), as the high court's most recent, relevant statement about minimum contacts, but they disagreed about what Asahi means, and how it should be applied to the facts of our case.

2019Id. ¶ 31. ¶ 15 Section 13-212(a) of the Code provides: “Except as provided in Section 13-215 of this Act, no action for damages for injury or death against any physician, dentist, registered nurse or hospital duly licensed under the laws of this State, whether based upon tort, or breach of contract, or otherwise, arising out of patient care shall be brought more than 2 years after the date on which the claimant knew, or through the use of reasonable diligence should have known, or received notice in writing of the existence of the injury or death for which damages are sought in the action, whi

2018Id. ¶ 31. ¶ 15 Section 13-212(a) of the Code provides "Except as provided in Section 13-215 of this Act, no action for damages for injury or death against any physician, dentist, registered nurse or hospital duly licensed under the laws of this State, whether based upon tort, or breach of contract, or otherwise, arising out of patient care shall be brought more than 2 years after the date on which the claimant knew, or through the use of reasonable diligence should have known, or received notice in writing of the existence of the injury or death for which damages are sought in the action, whic

2012See Berard v. Eagle Air Helicopter, Inc., 257 Ill.

2009See Berard v. Eagle Air Helicopter, Inc., 257 Ill.

2020Id. at 412 . ¶ 32 Addressing this claim, this court noted that a wrongful death claim is barred if the decedent, at the time of death, would not have been able to pursue an action for personal injuries.

2019See Williams v. Manchester, 228 Ill. 2d 404, 415 (2008) (the elements of a wrongful death claim are identical to those of a common-law negligence claim); Kirk v. Michael Reese Hospital & Medical Center, 117 Ill. 2d 507, 525 (1987). ¶ 34 The proximate cause element is a factual question for the jury to decide and has two components: cause in fact and legal cause.

2020Therefore, the Illinois Supreme Court has explained that the personal representative in a wrongful death claim is “merely a nominal party to this action, effectively filing suit as a statutory trustee on behalf of the surviving spouse and next of kin, who are the true parties in interest.” Glenn v. Johnson, 198 Ill. 2d 575, 583 (2002); see also Pasquale v. Speed Products Engineering, 166 Ill. 2d 337, 361 (1995) (statutory requirement that wrongful death action be brought by and in the name of the personal representative serves to avoid a multiplicity of suits by the next of kin, and ensures th

2012See also Pasquale v. Speed Products Engineering, 166 Ill. 2d 337, 361 (1995) (statutory requirement that wrongful-death action be brought by and in the name of the personal representative serves to avoid a multiplicity of suits by the next of kin, and ensures that the interests of all the beneficiaries are protected). ¶ 34 A wrongful-death action is perhaps best understood when contrasted with an action under our so-called “Survival Act,” now section 27-6 of the Probate Act of 1975. 755 ILCS 5/27-6 (West 2006).

2015Id. ¶ 23 We held that the trial court did not err in granting the defendants’ motion to dismiss the wrongful-death claim.

2015Id. ¶ 23 We held that the trial court did not err in granting the defendants’ motion to dismiss the wrongful-death claim.

2018App. 3d 525 , 533, 350 Ill.Dec. 762 , 949 N.E.2d 250 (2011) ("the plain terms of section 2.1 of the Wrongful Death Act do not permit, in situations involving the absence of letters of administration, a special administrator to prosecute a wrongful death claim with other causes of action"). 3 Section 2-1008(a) provides in part that, after a substitution of a party, the cause or proceeding carries on "with or without a change in the title of the cause." 735 ILCS 5/2-1008(a) (West 2014).

2018App. 3d 525 , 533, 350 Ill.Dec. 762 , 949 N.E.2d 250 (2011) ("the plain terms of section 2.1 of the Wrongful Death Act do not permit, in situations involving the absence of letters of administration, a special administrator to prosecute a wrongful death claim with other causes of action"). 3 Section 2-1008(a) provides in part that, after a substitution of a party, the cause or proceeding carries on "with or without a change in the title of the cause." 735 ILCS 5/2-1008(a) (West 2014).

2008Muro v. Abel Freight Lines, Inc., 283 Ill.

2008Muro v. Abel Freight Lines, Inc., 283 Ill.

2019Id. ¶ 31. ¶ 15 Section 13-212(a) of the Code provides: “Except as provided in Section 13-215 of this Act, no action for damages for injury or death against any physician, dentist, registered nurse or hospital duly licensed under the laws of this State, whether based upon tort, or breach of contract, or otherwise, arising out of patient care shall be brought more than 2 years after the date on which the claimant knew, or through the use of reasonable diligence should have known, or received notice in writing of the existence of the injury or death for which damages are sought in the action, whi

2018Id. ¶ 31. ¶ 15 Section 13-212(a) of the Code provides "Except as provided in Section 13-215 of this Act, no action for damages for injury or death against any physician, dentist, registered nurse or hospital duly licensed under the laws of this State, whether based upon tort, or breach of contract, or otherwise, arising out of patient care shall be brought more than 2 years after the date on which the claimant knew, or through the use of reasonable diligence should have known, or received notice in writing of the existence of the injury or death for which damages are sought in the action, whic

2025Price, 2023 IL App (1st) 220742, ¶¶ 30, 34 .

2025Price, 2023 IL App (1st) 220742, ¶¶ 30, 34 .

2021“Aside from the additional element of the occurrence of death, the elements of a wrongful death claim are identical to those of a common law negligence claim.” Williams v. Manchester, 372 Ill.

2008The appellate court began its analysis of that claim by observing that “[a]side from the additional element of the occurrence of death, the elements of a wrongful death claim are identical to those of a common law negligence claim.” 372 Ill.

2019See Williams v. Manchester, 228 Ill. 2d 404, 415 (2008) (the elements of a wrongful death claim are identical to those of a common-law negligence claim); Kirk v. Michael Reese Hospital & Medical Center, 117 Ill. 2d 507, 525 (1987). ¶ 34 The proximate cause element is a factual question for the jury to decide and has two components: cause in fact and legal cause.

2018See Williams v. Manchester , 228 Ill. 2d 404 , 415, 320 Ill.Dec. 784 , 888 N.E.2d 1 (2008) (the elements of a wrongful death claim are identical to those of a common-law negligence claim); Kirk v. Michael Reese Hospital & Medical Center , 117 Ill. 2d 507 , 525, 111 Ill.Dec. 944 , 513 N.E.2d 387 (1987). ¶ 34 The proximate cause element is a factual question for the jury to decide and has two components: cause in fact and legal cause.

2018In Wesley Chapel Foot & Ankle Center, LLC v. Johnson, 650 S.E.2d 387 (Ga. Ct. App. 2007), the Court of Appeals of Georgia held that the plaintiff could amend a timely filed medical malpractice complaint to add a wrongful death claim, although the amendment was filed after the statute of repose had expired.

2017In Wesley Chapel Foot & Ankle Center, LLC v. Johnson , 286 Ga.App. 881 , 650 S.E.2d 387 (2007), the Court of Appeals of Georgia held that the plaintiff could amend a timely filed medical malpractice complaint to add a wrongful death claim, although the amendment was filed after the statute of repose had expired.