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Illinois Compiled Statutes

755 ILCS 5/27-6 (2026)

Actions which survive

✓ current as of May 2026
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(755 ILCS 5/27-6) (from Ch. 110 1/2, par. 27-6)
    Sec. 27-6. Actions which survive. In addition to the actions which survive by the common law, the following also survive: actions of replevin, actions to recover damages, including punitive damages when applicable, for an injury to the person (except slander and libel), actions to recover damages for an injury to real or personal property or for the detention or conversion of personal property, actions against officers for misfeasance, malfeasance, or nonfeasance of themselves or their deputies, actions for fraud or deceit, and actions provided in Section 6-21 of the Liquor Control Act of 1934 . 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.
(Source: P.A. 103-514, eff. 8-11-23.)

    
Notes of Decisions
Cited in 234 cases (71 in the last 5 years), 1993–2026 · leading case: Wakulich v. Mraz, 785 N.E.2d 843 (Ill. 2003).
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Wakulich v. Mraz, 785 N.E.2d 843 (Ill. 2003). · cites it 2× “(West 1996)) and the Survival Act (755 ILCS 5/27-6 (West 1996)). According to the 10-count "Amended Second Amended Complaint," [1] during the evening of June *846 15, 1997, and continuing into the early morning hours of June 16, 1997, Elizabeth was at the home of defendants,…”
Carter v. SSC Odin Operating Co., 2012 IL 113204 (Ill. 2012). · cites it 2× “In count I, a survival action (755 ILCS 5/27-6 (West 2006)), plaintiff alleged that defendant violated the Nursing Home Care Act (210 ILCS 45/1-101 et seq.”
Clanton v. Oakbrook Healthcare Centre, Ltd., 2023 IL 129067 (Ill. 2023). · cites it 2× “Counts I, II, IV, VI, and VIII are brought pursuant to the Survival Act (755 ILCS 5/27-6 (West 2018)), while counts III, V, and VII are brought pursuant to the Wrongful Death Act (740 ILCS 180/0.”
Marshall v. Burger King Corp., 856 N.E.2d 1048 (Ill. 2006). “(West 2000)) and the survival provision of the Probate Act of 1975 (755 ILCS 5/27-6 (West 2000)). All of these counts allege that Burger King franchised the restaurant at the Rockford location to Davekiz.”
Moon v. Rhode, 2016 IL 119572 (Ill. 2016). · cites it 2× “(West 2012)) and the Survival Act (755 ILCS 5/27-6 (West 2012)). The appellate court affirmed and held that the two-year statute of limitations for filing the complaint began to run at the time of decedent’s death and not after plaintiff discovered defendants’ alleged medical…”
Bogenberger v. Pi Kappa Alpha Corp., Inc., 2018 IL 120951 (Ill. 2018). · cites it 2× “(West 2012)) and the Survival Act ( 755 ILCS 5/27-6 (West 2012) ). ¶ 9 Plaintiff's counsel attached an affidavit to the complaint, averring that many of the allegations in the complaint, especially those made "upon information and belief," were based on counsel's reading of…”
Best v. Taylor Mach. Works, 689 N.E.2d 1057 (Ill. 1997). “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)).”
DeSMET EX REL. v. Cnty. of Rock Island, 848 N.E.2d 1030 (Ill. 2006). “Plaintiff's complaint alleged that each violated a duty to the plaintiff's decedent and was liable to plaintiff pursuant to the provisions of the Survival Act (755 ILCS 5/27-6 (West 2002)) and the Wrongful Death Act (740 ILCS 180/0.”
Pietrzyk v. Oak Lawn Pavilion, Inc., 769 N.E.2d 134 (Ill. App. Ct. 2002). · cites it 2× “Moreover, it notes that the Survival Act states in pertinent part: "In addition to the actions which survive by the common law, the following also survive: * * * actions to recover damages for an injury to the person.”
Moore v. Green, 848 N.E.2d 1015 (Ill. 2006). “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…”
Lawler v. The Univ. of Chicago Med. Ctr., 2017 IL 120745 (Ill. 2017). “Count I was brought pursuant to the Wrongful Death Act ( 740 ILCS 180/2 (West 2010) ), and count II was brought pursuant to the Survival Act ( 755 ILCS 5/27-6 (West 2010) ). Counts III and IV were directed against the Advocate defendants and also contained the same allegations…”
Ioerger v. Halverson Const. Co., Inc., 902 N.E.2d 645 (Ill. 2008). “(West 2000)) and the Survival Act (755 ILCS 5/27-6 (West 2000)). Counts XI through XV paralleled counts I through V, but were directed against the Joint Venture rather than Halverson.”
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