What Happens if an Accident Victim Doesn't Die Right Away?

 Posted on August 29, 2025 in Wrongful Death

Not every fatal accident leads to an immediate death. In some cases, victims survive for days, weeks, or even months after the crash, fall, or workplace incident that caused their injuries. This situation raises important legal questions for families throughout Illinois. What claims can be made, and how are they different from those in cases where death occurs right away?

With many decades of combined experience and millions in successful verdicts, the Palatine personal injury attorneys at Newland & Newland, LLP understand how Illinois law handles these complex cases. You do not need to try to solve these thorny legal issues on your own. 

Survival Actions in Illinois

If an accident victim survives for a period of time before passing away, their estate may bring what is called a survival action under the Illinois Survival Act (755 ILCS 5/27-6). A survival action allows the estate to pursue the same claims the victim could have brought if they had lived.

That means the estate can recover damages for medical expenses, lost wages, pain and suffering, and other losses the victim experienced before death. For example, if a Schaumburg resident was hit by a negligent driver, spent two weeks in the hospital, and then died from complications, the estate could recover compensation for those hospital bills and the suffering endured during that time.

Wrongful Death Claims

In addition to a survival action, Illinois law allows families to file a wrongful death claim under the Illinois Wrongful Death Act (740 ILCS 180/). This claim focuses on the losses suffered by the surviving family members because of the death. Compensation may include funeral and burial costs, loss of financial support, and the loss of companionship, love, and guidance.

Often, survival actions and wrongful death claims are filed together in the same lawsuit. This ensures both the victim’s suffering and the family’s losses are recognized in court.

Filing Survival and Wrongful Death Action Together

The fact that a victim lived for a period of time can significantly impact the value of the case. Medical bills can quickly reach hundreds of thousands of dollars. Pain and suffering damages may also be higher if evidence shows the victim endured severe pain before passing away. These damages are in addition to the wrongful death damages available to surviving family members.

Proving these claims requires careful evidence gathering. Medical records, testimony from doctors and nurses, and documentation of the victim’s condition in the hours or days before death are critical. Witness statements and accident reports establish how the injury occurred. Financial experts may also be brought in to calculate lost income and future support the victim would have provided to dependents.

Contact a Palatine, IL Wrongful Death Attorney

Losing a loved one because of someone else’s poor decisions is devastating. When the person suffers before passing away, their grieving loved ones may be dealing with not only the loss but also with major medical bills and property damage. 

In situations like this, families often have the right to pursue justice under Illinois law. A Schaumburg, Illinois personal injury lawyer at Newland & Newland, LLP can explain your legal options, file both survival and wrongful death claims, and fight for the compensation your family needs. Call 847-797-8000 today to schedule a free consultation.