ILCS » Chapter 740 · Act 180
Illinois Compiled Statutes

740 ILCS 180/1 (2026)

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, including punitive damages when applicable, 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, including punitive damages when applicable, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to felony

✓ current as of May 2026
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(740 ILCS 180/1) (from Ch. 70, par. 1)
    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, including punitive damages when applicable, 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, including punitive damages when applicable, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to felony. Nothing in this Section affects the applicability of Section 2-1115 of the Code of Civil Procedure or Section 2-102 or 2-213 of the Local Governmental and Governmental Employees Tort Immunity Act. Punitive damages are not available in an action for healing art malpractice or legal malpractice or in an action against the State or unit of local government or an employee of the State or an employee of a unit of local government in his or her official capacity. The changes made to this Section by this amendatory Act of the 103rd General Assembly apply to actions filed on and after the effective date of this amendatory Act of the 103rd General Assembly.
(Source: P.A. 103-514, eff. 8-11-23.)

    
Notes of Decisions
Cited in 218 cases (43 in the last 5 years), 1993–2026 · leading case: Marshall v. Burger King Corp., 856 N.E.2d 1048 (Ill. 2006).
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Marshall v. Burger King Corp., 856 N.E.2d 1048 (Ill. 2006). · cites it 2× “Counts I through IV of the complaint seek damages for negligence from Burger King and Davekiz on behalf of the decedent's children and next of kin under the Wrongful Death Act (740 ILCS 180/1 et seq. (West 2000)) and the survival provision of the Probate Act of 1975 (755 ILCS…”
Williams v. Manchester, 888 N.E.2d 1 (Ill. 2008). · cites it 2× “In addition to seeking damages for her own injuries, plaintiff, as administrator of the estate of Baby Doe, brought an action pursuant to the Wrongful Death Act (740 ILCS 180/1 (West 2002)). Plaintiff alleged that she was pregnant with Baby Doe, and that defendant’s negligence…”
Young v. Bryco Arms, 821 N.E.2d 1078 (Ill. 2004). · cites it 2× “, Restatement (Second) of Torts § 821B, Comment g (1979) (a public right is "not like the individual right that everyone has not to be assaulted"). Breit & Johnson argues, further, that even if such a public right were to be recognized, plaintiffs are not seeking redress for a…”
Patrick Hahn v. Daniel Walsh, 762 F.3d 617 (7th Cir. 2014). · cites it 2× “” 19 Finally, Count VIII alleged that HPL and its nurses had violated Illinois’s Wrongful Death Act, 740 ILCS 180/1 to /2.2. The plaintiffs requested compensatory and punitive damages, attorney’s fees and litigation expenses.”
Best v. Taylor Mach. Works, 689 N.E.2d 1057 (Ill. 1997). · cites it 2× “Isbell seeks damages under the Wrongful Death Act (740 ILCS 180/1 (West 1996)), the Probate Act of 1975 (755 ILCS 5/27-6 (West 1996)) and the Rights of Married Persons Act (750 ILCS 65/15 (West 1996)).”
Pietrzyk v. Oak Lawn Pavilion, Inc., 769 N.E.2d 134 (Ill. App. Ct. 2002). · cites it 4× “Count III was a wrongful death *136 action, pursuant to the Wrongful Death Act (740 ILCS 180/1 (West 1996)) that also sought recovery against Oak Lawn.”
Moore v. Green, 848 N.E.2d 1015 (Ill. 2006). · cites it 2× “Melissa Moore, independent executor of White's estate, filed a complaint in the circuit court of Cook County against Officer Green, Officer Cornelius, and the City of Chicago under the Wrongful Death Act (740 ILCS 180/1 (West 2002)) and the Survival Act (755 ILCS 5/27-6 (West…”
Cushing v. Greyhound Lines, 2012 IL App (1st) 100768 (Ill. App. Ct. 2012). · cites it 3× “Cushing also argued that a -13- petition to appoint a special administrator could only be brought by a person entitled to recover under the Wrongful Death Act (740 ILCS 180/1 et seq. (West 2008)), and that neither Cristina nor Klein had brought a petition.”
Garland v. Morgan Stanley & Co., Inc., 2013 IL App (1st) 112121 (Ill. App. Ct. 2013). · cites it 4× “These six counts are based upon the alleged liability of Morgan Stanley and Turek under the Illinois Wrongful Death Act (740 ILCS 180/1 (West 2010)) and the Illinois Survival Act (755 ILCS 3 The record on appeal includes an affidavit by Matthew Sekula, the director of complex…”
Moon v. Rhode, 2016 IL 119572 (Ill. 2016). · cites it 2× “, to dismiss as time-barred plaintiff Randall Moon’s complaint brought under the Wrongful Death Act (740 ILCS 180/1 et seq. (West 2012)) and the Survival Act (755 ILCS 5/27-6 (West 2012)).”
Bogenberger v. Pi Kappa Alpha Corp., Inc., 2018 IL 120951 (Ill. 2018). · cites it 2× “1 Plaintiff alleged that defendants owed David a duty of reasonable care and sought damages pursuant to the Wrongful Death Act ( 740 ILCS 180/1 et seq. (West 2012)) and the Survival Act ( 755 ILCS 5/27-6 (West 2012) ).”
Luss v. Vill. of Forest Park, 878 N.E.2d 1193 (Ill. App. Ct. 2007). · cites it 2× “16 Plaintiff also alleged separate counts of negligence and battery against each of the Wal-Mart defendants pursuant to the Wrongful Death Act (740 ILCS 180/1 (West 2006)). Plaintiff alleged both Survival Act and wrongful death counts against both Baker and the Village of Forest…”
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