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Wrongful death cases center around a death that is caused by negligence or misconduct. The estate of the deceased can sue the person or entity responsible and ask for damages, including loss of earnings and support, medical bills and pain and suffering. In order to be successful, you need to prove that the defendant was negligent and that their negligence caused the death.

A wrongful death lawsuit is a type of injury case. In Sangamon County, these are generally filed at the main county courthouse, which is located at 200 S. 9th Street in Springfield. You may want to seek out a local attorney for a wrongful death case, but it depends on the circumstances. A local attorney has an advantage because they presumably know the judges, clerks and other attorneys. Someone with a good local reputation might be your best bet.

On the other hand, experience and resources matter as well. If your case is unique, you may want to look beyond Sangamon County for an attorney with relevant experience, such as a history of success against a particular kind of defendant. If you have a large case, it likely will cost a lot to pursue, and you will want a firm that has significant resources to dedicate to your case. In these cases, the lawyer or firm pays all the litigation costs upfront. For these reasons, the best attorney for you may be located in Chicago.

It will cost you the same no matter where your attorney is located. Wrongful death attorneys in Sangamon County, and throughout the state, charge on a contingency basis. This means that you only pay attorney fees if your case is successful, either at trial or after settlement. Your attorney basically gets a cut of whatever you (or the estate) recover in the end. The benefits of this type of fee arrangement, for the client, is that you can afford the best attorney out there, and you don’t have to worry about their office location because you don’t need to pay for the attorney’s travel, either to meet with your or appear in court.

Typically, contingency fees are around 1/3 of the amount recovered. This can vary, however, which makes it important to discuss fees with your attorney before you agree to hire him or her. Ask any questions you have so that you know what to expect later on. A good attorney will take the time to explain their fees to you. Also, make sure to sign a fee agreement.

The statute of limitations is generally two years for wrongful death cases, which means that you have two years from the date of death to file a lawsuit. In some cases, the deadline is even shorter, especially if you have a claim against a government agency, such as a county hospital. Check with an attorney as soon as you suspect you might have a case so that you don’t miss the deadline. You probably won’t get a second chance.

If you have questions about a potential wrongful death lawsuit, feel free to contact us. We will speak with you for free about any Illinois legal issue. After talking to one of our attorneys, you may or may not decide to hire an attorney. If you do, we can help you find someone whose skills, personality and experience match what you need. We only recommend attorneys we would recommend to a friend or family member.

If you have a case out of any of the following towns or cities, you would likely file a lawsuit in Sangamon County: