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Wrongful death cases come out of situations where negligence or other bad behavior causes someone’s death. Surgical errors, car accidents, drunk driving, hazardous conditions on someone’s property, nursing home abuse and defective products are some examples.

In these unfortunate situations, the estate of the deceased can file a lawsuit. The estate sues for damages (loss of income and support, pain and suffering, medical bills) against the person, government agency or corporation responsible. In order to be successful, the estate needs to prove that there was negligence and prove that the negligence caused the death.

Wrongful death lawsuits are usually filed in the county where the death occurred. In Kane County, wrongful death cases are heard at the Kane County Courthouse, which is located at 100 S. Third Street in Geneva. This is where hearings, status updates and other court appearances will take place. If the case goes to trial, it will be here. Most cases, however, settle before trial.

Your attorney, on the other hand, might not be located in Kane County. It depends. In a wrongful death case, experience should be the main factor in choosing an attorney. We look at whether a particular attorney has had success with similar cases in the past. If you want to file a wrongful death claim against a nursing home where a loved one died, we will recommend an attorney who is familiar with this type of case. It might be a big firm in Chicago or a small firm in St. Charles.

Wrongful death attorneys charge on a contingency basis, meaning there is no fee unless you win. There are no upfront costs. There shouldn’t be any fee for travel if your attorney has to drive to a different county to meet with you or appear in court, which is another reason why it makes sense to find the best attorney you can, no matter where their office is located.

The statute of limitations is the amount of time you have to file a lawsuit before it’s barred forever. It’s a fairly strict deadline, set by law. For wrongful death cases, it’s usually two years from the date of death. In some situations, the deadline may be sooner, especially if your lawsuit is against a government entity, such as a county hospital.

If you think you might have a wrongful death case, don’t wait to contact an attorney. An initial consultation is almost always free. You don’t have to commit to the lawsuit at this point, but meeting with an attorney will inform you of your options and the relevant deadlines. If you need any help finding the right attorney for your case, or if you have questions about wrongful death in general, please contact us.

If a death occurs in any of the following cities or towns, Kane County would be the place to file a lawsuit: