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Ten Questions to Ask an Illinois Wrongful Death Attorney
We are experienced attorneys who will help you find the best law firm for your case based on the case facts. Contact us at 312-346-5320 for a FREE consultation. We cover all of Illinois.
Losing a loved one due to someone else’s negligence is one of the most devastating experiences a family can go through. In Illinois, wrongful death claims are a way for surviving family members to pursue justice and compensation for their loss—whether the death was caused by a car accident, medical malpractice, unsafe property, or any other type of negligence.
Not every lawyer is equipped to handle these sensitive and complex cases. To help you make the best choice, we’ve compiled a list of ten important questions to ask any attorney before hiring them to represent your family:
- How much experience do you have with wrongful death cases in Illinois?
Wrongful death cases are not the same as other types of personal injury lawsuits. You want an attorney who has handled many of these cases and understands both the legal process and the emotional weight they carry. Ask how many wrongful death cases they’ve handled and what types of outcomes they’ve achieved. If they haven’t been licensed at least ten years I would look elsewhere.
- Have you handled cases involving a similar type of accident or fatal injury?
The cause of death—whether from a surgical error, trucking accident, defective product, or workplace hazard—can significantly affect how the case is investigated and litigated. You want a lawyer who has experience with the specific circumstances surrounding your loved one’s death. In other words, the best Illinois trucking death lawyer might not be the top choice for a death due to failure to diagnose cancer.
- What is the charge if we win?
Every Illinois wrongful death lawyer should work on a contingency basis which means there is no fee unless you win. For medical malpractice cases that fee is capped at 1/3 of what is recovered. For work injuries it’s 20%. For nursing home deaths or general personal injury cases the lawyer can charge whatever they want, but I would not agree to go about 1/3. Some will try to take 40-50% and in most situations that is a bad idea for you.
- Who will actually be working on my case?
In a case this personal and important, you don’t want to be passed off to a junior associate or treated like a file number. Make sure the lawyer you meet with will be actively involved in your case and not just disappear after the initial consultation.
- How do you communicate with families during the case?
Wrongful death cases can take a long time to resolve, and you’ll want to stay informed throughout. Ask how the attorney plans to keep in touch—by phone, email, or in-person meetings—and how often you can expect updates. Compassionate and consistent communication is key.
- How do you handle litigation costs, and will I owe anything if we don’t win?
Whichever attorney you hire should advance all costs to bring a case. Some cases cost less than $10,000 to bring. Others can cost in the six figures. You should clarify whether you’re responsible for any case-related costs (like filing fees, expert reports, etc.) and whether you’ll owe anything if the case is unsuccessful. Almost every attorney we recommend waives the costs unless the case is successful.
- What challenges do you see in our case, and how would you address them?
No case is perfect. A good attorney will be upfront about any legal or factual hurdles in your case and should have a strategy to overcome them. Avoid lawyers who make bold promises without discussing potential risks. And beware anyone who promises you a certain amount before the case has been properly investigated by them. That’s a major red flag.
- Have you taken wrongful death cases to trial?
While many cases settle out of court, insurance companies are more likely to offer fair compensation if they know your lawyer is ready and able to take the case to trial. Ask about the attorney’s courtroom experience and track record with jury verdicts. A case that settles for $2 million sounds great unless you know that if it had gone to trial you would have gotten $20 million.
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- What role will I play in the case?
Grieving families are often unsure of how involved they should be in a lawsuit. A quality attorney will explain what is expected of you, such as gathering documents, providing statements, or attending depositions and court dates. They also might ask you to give a list of names of people close to the decedent. A lot of firms create videos about your loved ones with testimonials in order to show the insurance company how great they were. These tribute videos can greatly increase the value of a case.
- What deadlines should I be aware of?
In Illinois, wrongful death cases are subject to strict statutes of limitations, which limit how long you have to file a claim. An attorney should be able to explain the timeline and ensure that no important deadlines are missed. Waiting too long could mean permanently losing your right to bring a case. Generally speaking, you have a two year time limit from when someone passes to file a lawsuit. Going beyond that time limit almost always means you lose your rights to file a case.
Choosing a wrongful death attorney is not only about legal skills, but it’s also about trust, communication, and compassion during a painful time. If you’d like help finding an experienced Illinois wrongful death attorney, contact us any time at 312-346-5320. We assist families across the entire state.