Attorney Fees and Wrongful Death Cases in Illinois

Wrongful death cases are filed after someone dies as the result of someone else’s negligence. Examples include lawsuits against doctors for medical malpractice, or against the at-fault driver in a car accident. When someone dies on the job, a wrongful death lawsuit may be appropriate.

In all of these situations, an Illinois wrongful death attorney would charge a contingency fee. In short, a contingency fee is where the client pays nothing upfront and nothing at all if you don’t win the case. Your initial consultation should be free, and if you decide to file a lawsuit, your attorney should do all the required work without sending you a bill. Even if your case drags on for years, you won’t pay anything unless and until you win. If you want to bring a wrongful death lawsuit we do not recommend that you hire an attorney that wants any money from you at all.

Contingency fees – which are contingent upon the outcome of the case – are typically talked about in fractions or percentages. A typical contingency fee is 1/3. This is true for most personal injury cases, including wrongful death. The fee comes out of the amount you are awarded at trial or the amount your case settles for prior to or during trial.

There are some differences in the fee amount depending on the specific type of case you have. For example, if you are suing for wrongful death arising out of medical malpractice, your attorney’s fee is set by law. In Illinois, the amount is based on how much you recover or win. The limit is 33 1/3% of the first $150,000, 25% of the next $850,000 and 20% of anything over $1,000,000. In Illinois workers’ compensation, on the other hand, attorneys’ fees are generally limited to 20%. As with any rule, there are exceptions in some cases. It’s important to discuss fees with your attorney, even if you’re paying nothing up front.

There are two ways to look at contingency fees. On one hand, one third may seem like a large amount to share with your attorney. On the other hand, you can afford to hire the best attorney and the best experts to pursue your case aggressively, and you can do this regardless of your income or financial status. For an attorney, they aren’t just hitting the jackpot. Every case is a risk. The risk is that they spend hundreds of hours working on your case, and tens of thousands of dollars hiring the best experts to testify on your behalf, only to end up with nothing.

Attorneys who charge on a contingency basis may be picky about the cases they take, because of the risk it involves. If you’re not likely to win, then they aren’t likely to get paid. If you are having trouble finding an Illinois attorney to take your case or just don’t know who the right firm to hire is, give us a call. We promise to give you our honest opinion about your case. We know experienced and successful wrongful death attorneys throughout Illinois, and we’ll help you find the best one for you. Contact us anytime for a free and confidential case review.