Wrongful Death claims should be filed by whoever is the personal representative of the deceased. This is the Spouse or closest immediate next of kin. Next of kin can also be an adoptive parent or adopted child. Either is treated as a natural parent or child by the court. If the Plaintiff that is seeking to recover benefits by the court is younger than 18, he/she has until 2 years after they turn 18 to file a claim.
In some instances, if none of these relationships exist, a claim might be brought forward by those who incurred expense providing care, legal or medical attention for the deceased after the incident occurred. (Source: CIVIL LIABILITIES – (740 ILCS 180/) Wrongful Death Act.)