Wrongful death laws in Illinois typically arise when family members bring a case against someone who caused the death of their loved one through negligence or misconduct. Common causes of wrongful death lawsuits are medical malpractice, auto accidents, product liability, and nursing home abuse.
If you file a wrongful death lawsuit in DuPage County, your case will generally always be heard at the DuPage County Court Center, located at 505 N. County Farm Road, in Wheaton, Illinois. Wrongful death cases are filed in DuPage County when the negligence that caused the damage occurred there or if the defendant who caused the death is based there (usually a corporation). Often, lawyers will seek to take a case out of this county, as juries in the western suburbs are known to be very conservative and pro-defendant.
Lawsuits require a series of court proceedings before there is a resolution. First, both parties meet for case management conferences, where the parties report back to the court on how the case is going. Next, there will likely be pre-trial hearings where each party sets the “ground rules” for the trial. Many cases will settle around this time, which means that the parties will decide on a monetary amount that satisfies both parties and then alert the judge by scheduling a settlement conference. If there is no settlement, the case proceeds to trial. All of these conferences, hearings, and trials must be held at the DuPage County Judicial Center. You can attend all proceedings; however, most people do not attend hearings and are only present when necessary, such as during a settlement conference or trial. The rest of the time, your lawyer can attend on your behalf.
It is important to speak with an attorney in a timely manner to consider your options in a wrongful death lawsuit because there is a limited time period during which you can file a claim. Generally, he has two years from the date of the accident or death to file a lawsuit. Sometimes this period is reduced if she is suing certain government entities like the police department or public hospital.
All of the DuPage County attorneys we work with work on a contingency fee basis. This means that the lawyer will not charge a fee unless he wins or settles your case. The amount the attorney is ultimately paid depends on the amount he recovers and the fee agreement he enters into with the attorney. Make sure the fee agreement is in writing before the attorney begins working on your case.
It is also crucial to find an attorney who has experience and a track record of success with your type of wrongful death situation. For example, an attorney with experience in wrongful death due to a medical error during surgery is probably not the right person to pursue a case against a large corporation whose defective product caused a death.