How Is the Settlement Divided in an Illinois Wrongful Death Case?

 Posted on July 03, 2026 in Wrongful Death

According to the CDC, unintentional injuries are the third leading cause of death in the United States, claiming nearly 200,000 lives in 2024, with motor vehicle accidents and falls among the top causes. When a preventable death leaves your family without someone you depended on, Illinois law allows you to pursue financial compensation from the party responsible for your loss. The law also determines how that compensation is divided.

If your family is dealing with a wrongful death case in 2026, the Springfield personal injury lawyers at Kanoski Bresney can help you understand the process and make sure your family's interests are protected.

What Is a Wrongful Death Claim in Illinois?

A wrongful death claim is a lawsuit filed on behalf of someone who died because of another person's negligent or wrongful conduct. In Illinois, these claims are governed by the Wrongful Death Act, 740 ILCS 180/1.

The lawsuit is filed by the personal representative of the deceased person's estate. That is usually the executor named in the will or someone appointed by the court. The personal representative acts on behalf of the surviving family members, called next of kin, who are the ones entitled to receive any money that comes from the case.

Who Can Receive Money From a Wrongful Death Settlement in Illinois?

Under Illinois law, the next of kin typically include:

• A surviving spouse
• Children of the deceased
• Parents, if no spouse or children survive
• Siblings, in some circumstances depending on who survives

The money is not divided equally by default. Illinois law requires that it be split based on something called the pecuniary injury standard.

What Does Pecuniary Injury Mean in a Wrongful Death Case?

Pecuniary injury refers to the real financial and emotional losses that surviving family members suffered because of the death. Illinois wrongful death damages focus on compensating next of kin for what they actually lost.

These losses can include:

• The financial support the deceased provided to the family
• The loss of guidance, instruction, and training a parent or spouse would have given
• The loss of companionship and society
• The grief and mental suffering experienced by surviving family members

A surviving spouse who depended on the deceased for financial support will generally receive a larger share than a financially independent adult child. A young child who lost a parent may receive a significant portion because of the long-term impact that loss will have on their life.

How Is a Wrongful Death Settlement Actually Divided in Illinois?

The division of a wrongful death settlement can happen in one of two ways. The first is through an agreement among the next of kin. If the family agrees on how the money should be split, and the court approves that agreement, the settlement is divided that way.

The second is through a court decision. Under 740 ILCS 180/2, if the next of kin cannot agree, the court holds a hearing and decides how the money should be distributed based on each person's losses. A judge looks at the evidence and determines what share each person should receive.

In either case, the court has to approve the final distribution. This is designed to make sure the money is divided fairly and that everyone's interests, including minor children, are protected.

What Gets Paid Out Before the Family Receives the Settlement?

Before the money is divided among family members, certain costs are paid out of the settlement first. These typically include attorney fees and the costs of the legal case, outstanding medical bills related to the death, and funeral and burial expenses.

Illinois also allows a separate claim called a survival action. This is brought on behalf of the estate and covers things like the deceased person's medical expenses and the pain and suffering they experienced before they died. This is handled separately from the wrongful death claim itself.

Can Minor Children Receive Their Share of a Settlement Directly?

Minor children cannot receive a large sum of money directly in Illinois. If a portion of the settlement is designated for a minor child, the court will require that money to be managed in a protected way until the child reaches adulthood. This usually means setting up a trust or appointing a guardian of the estate to manage the funds on the child's behalf.

This adds court oversight and ensures the money is used for the child's benefit and remains available when they need it.

Schedule a Free Consultation With Our Peoria, IL Wrongful Death Attorneys

Losing a loved one is hard enough without having to fight a legal battle at the same time. You deserve a team that will handle the legal side with skill and care so your family can focus on healing. Our Springfield personal injury lawyers bring over 100 years of combined legal experience to every case. Attorney Todd Bresney previously worked at the Federal Trade Commission and the State's Attorney's Office for Cook County, giving him a deep understanding of how complex cases are built and won.

Contact Kanoski Bresney at 888-826-8682 today to schedule your free consultation.