KENDALL COUNTY WRONGFUL DEATH ATTORNEYS
Lost a Loved One in Kendall County? We’ve Recovered Over $500 Million for Families Across Illinois.
Phillips Law Offices represents grieving families across Kendall County after a preventable death caused by another’s negligence, from fatal crashes on Route 34 to fatal medical errors at area hospitals. We know that no verdict or settlement replaces the person you lost, but it can hold the responsible party accountable and provide the financial security your family needs. Our attorneys pursue full compensation under the Illinois Wrongful Death Act (740 ILCS 180) in the Kendall County Circuit Court.
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Get a compassionate, honest assessment of your Kendall County wrongful death case. No fees unless we win.
(312) 346-4262
Legally reviewed by Stephen D. Phillips, Managing Partner, J.D., Loyola University Chicago · Past President, Illinois Trial Lawyers Association · Illinois State Bar Association
Last updated: August 2026
💼 $500M+ Recovered
⚖️ 75+ Years Experience
⭐ 4.9 Google Rating (113 Reviews)
Super Lawyers Top 100
📞 Free Consultation
Kendall County’s Trusted Wrongful Death Law Firm
No amount of money can bring back the person you lost. But a wrongful death claim can hold the responsible party accountable and provide the financial security your family needs to move forward. Phillips Law Offices has represented grieving families across Illinois since 1945, recovering over $500 million in verdicts and settlements.
Kendall County is one of the fastest-growing counties in Illinois, and its two-lane state highways were never built for today’s traffic volume through Oswego, Yorkville, and Plano. Whether the loss came from a fatal crash on Route 34, a preventable error at a local hospital, or negligence at a nursing home, our attorneys file wrongful death claims in the Kendall County Circuit Court (23rd Judicial Circuit) in Yorkville and understand the local court procedures, judges, and jury demographics that affect case outcomes.
Every consultation is free and confidential. We work on contingency, your family pays nothing unless we win your case.
Types of Wrongful Death Cases We Handle in Kendall County
Phillips Law Offices represents Kendall County families in every type of wrongful death case. Each cause of death involves different liability analysis, evidence preservation, and damage calculations under Illinois law.
Fatal Car and Truck Accidents
Fatal collisions on U.S. Route 34 and Route 47 and other Kendall County roads are among the most common causes of wrongful death claims we handle. When a driver runs a red light, drives drunk, or a trucking company allows a fatigued driver behind the wheel, the resulting crash can take a life in seconds. Our attorneys secure police reports, electronic logging data, and accident reconstruction evidence immediately to establish exactly what happened and who is responsible.
Medical Malpractice Deaths
When a surgical error, misdiagnosis, medication mistake, or delayed treatment at the Rush Copley Emergency Center or Rush Copley Medical Center or another Kendall County facility causes a preventable death, families deserve answers. Medical malpractice wrongful death cases require detailed medical record review and expert testimony to prove the standard of care was breached and that the breach caused the death.
Nursing Home Neglect and Abuse Deaths
Elderly and vulnerable residents at Kendall County nursing homes and assisted living facilities depend on staff for their basic safety and care. Neglect, including untreated bedsores, malnutrition, dehydration, medication errors, and failure to prevent falls, can lead to fatal complications. Illinois law provides specific protections for nursing home residents, and our attorneys hold negligent facilities accountable.
Workplace and Construction Deaths
Kendall County’s construction sites, warehouses, and industrial facilities carry real risks of fatal falls, equipment accidents, electrocutions, and struck-by incidents. Beyond workers’ compensation death benefits, families may have a separate wrongful death claim against a negligent general contractor, property owner, or equipment manufacturer whose negligence contributed to the fatality.
Premises Liability Deaths
Property owners in Kendall County, including in Oswego, Yorkville, and Plano, have a legal duty to maintain safe conditions. Fatal falls from unmaintained stairs, drowning in inadequately secured pools, negligent security leading to violent crime, and other dangerous property conditions can support a wrongful death claim against the property owner or manager.
Defective Products and Other Wrongful Deaths
When a defective vehicle part, dangerous drug, faulty safety equipment, or other defective product causes a fatal injury, the manufacturer and distributors may be held strictly liable under Illinois product liability law. Our attorneys investigate every potential cause of death, no matter how the loss occurred, to identify all parties who may be held accountable.
Who Can File a Wrongful Death Claim in Kendall County
Under the Illinois Wrongful Death Act (740 ILCS 180), a wrongful death claim is not filed by an individual family member directly. It must be brought by the personal representative of the deceased person’s estate, appointed by the probate court, for the benefit of the surviving spouse and next of kin.
If your loved one did not have a will or a designated executor, our attorneys can guide your family through the probate process to have a representative appointed so the claim can move forward. Illinois law also allows a separate Survival Act claim (755 ILCS 5/27-6) for the pain, suffering, and medical expenses your loved one personally endured between the injury and their death, which can be pursued alongside the wrongful death claim.
What to Do After Losing a Loved One in Kendall County
In the midst of grief, it can be difficult to think about legal steps. These actions protect your family’s right to compensation while you focus on healing.
STEP 1
Obtain the Death Certificate and Official Records
Request the official death certificate, any police or incident report, and, if applicable, the autopsy or medical examiner’s report. These documents establish the cause of death and become foundational evidence in your claim.
STEP 2
Open the Estate and Request a Personal Representative
Because Illinois law requires a wrongful death claim to be filed by the estate’s personal representative, your family may need to petition the Kendall County probate court to have one appointed if your loved one did not name one in a will. Our attorneys can guide your family through this process.
STEP 3
Preserve Evidence Before It Disappears
Photographs, witness contact information, surveillance footage, medical records, and physical evidence can be lost or destroyed within days or weeks. Do not wait to begin documenting what happened. An attorney can send preservation letters to prevent evidence from being discarded.
STEP 4
Contact Phillips Law Offices Before Speaking to Insurance
Insurance companies contact grieving families quickly, sometimes within days, hoping for a fast, low settlement before your family understands the full value of your claim. Do not sign anything or accept any offer before consulting with an attorney. Call us at (312) 346-4262 for a free, compassionate case evaluation.
Your Family Deserves Answers and Accountability
Insurance companies and negligent parties will try to minimize what happened to your loved one. Our attorneys fight to make sure the full truth comes out, and that your family receives the compensation you deserve. Get a free, compassionate evaluation of your Kendall County wrongful death case today.
(312) 346-4262
Personal Injury Case Results
Phillips Law Offices has a proven record of obtaining substantial compensation for personal injury victims across Illinois. These results reflect our commitment to thorough preparation and aggressive advocacy.
$25 Million
The Situation
A 17-year-old lost both kidneys due to a physician’s gross negligence.
Our Approach
Our attorneys litigated the case for four years, building the medical record needed to hold the responsible providers accountable.
The Result
$25 million settlement for the family.
$2.8 Million
The Situation
A 9-year-old boy suffered a permanent nerve-related arm injury during birth.
Our Approach
We pursued the birth-injury claim against the delivering providers and took the case to verdict.
The Result
$2.8 million jury verdict.
$10 Million
The Situation
A child was seriously injured in an escalator incident at a Chicagoland shopping center.
Our Approach
Our attorneys litigated the case for six years to establish the property owner’s liability.
The Result
$10 million settlement for the family.
Past results do not guarantee future outcomes. Every case is different.
Illinois Wrongful Death Law: What Kendall County Families Need to Know
Wrongful death claims are governed by specific Illinois statutes that differ in important ways from an ordinary personal injury claim. Understanding these rules is essential for protecting your family’s right to compensation.
Statute of Limitations: Your family has two years from the date of death, not the date of the underlying injury, to file a wrongful death lawsuit in Illinois (735 ILCS 5/13-202). If your loved one lived for a period of time after being injured before passing away, this distinction matters. Missing this deadline permanently bars your claim.
Who Recovers Compensation: The Illinois Wrongful Death Act allows the personal representative of the estate to recover compensation on behalf of the surviving spouse and next of kin, including loss of society and companionship, grief, sorrow, and mental suffering, loss of the deceased’s financial support and services, and funeral and burial expenses.
The Survival Act: Separately from the wrongful death claim, Illinois’s Survival Act (755 ILCS 5/27-6) allows the estate to recover for the pain, suffering, and medical expenses your loved one personally experienced between the time of injury and death. Our attorneys pursue both claims together to maximize your family’s recovery.
Kendall County Jurisdiction: All wrongful death lawsuits in Kendall County are filed in the Kendall County Circuit Court, part of the 23rd Judicial Circuit (shared with DeKalb County), 807 W. John Street, in Yorkville. Phillips Law Offices has experience litigating wrongful death cases in this court. Read our complete guide to personal injury claims in Illinois for additional information about the legal process.
Why Kendall County Families Choose Phillips Law Offices
When a family has lost someone, they don’t need a lawyer treating their case like a file number. They need people who understand what was actually lost, and who will fight as hard for the truth as they would for their own family.
, Stephen D. Phillips, Senior Partner
- Over $500 million recovered for injured clients and grieving families since 1945
- Five experienced trial attorneys including Stephen D. Phillips (41+ years)
- Experience guiding families through probate and estate representative appointments
- Access to accident reconstruction, medical, and economic experts to fully value your loss
- Compassionate, direct communication throughout a difficult process
- Deep knowledge of Kendall County’s courts and local procedures
- Contingency fee basis, no fee unless we recover compensation for your family
- Aggressive negotiation backed by a willingness to go to trial
What Kendall County Clients Say
“When my husband tragically lost his life, a family member of ours who is also an attorney referred us to Steve. We are entirely grateful to the empathy, genuine care, and professionalism Steve and his team showed to my family and me. They were incredibly diligent with the details and information of our case, and were unwavering in their support to us. They truly understood the impact of our loss and never once lessened the integrity of his life.”
Barb Sturgis, Google Review
“We worked with attorney Alec Mesrobian on our case. He was very knowledgeable and supportive throughout the whole process. He explained everything clearly and patiently. He was professional and kept us updated on the case. We were sure of his dedication to achieving the best possible result for us.”
Monika Ferenc, Google Review
Kendall County Local Resources
Kendall County Circuit Court: 807 W. John St, Yorkville, IL 60560. 23rd Judicial Circuit.
Kendall County Coroner’s Office: Investigates unexplained and accidental deaths countywide.
Rush Copley Emergency Center – Yorkville: 1122 W. Veterans Pkwy, Yorkville, IL 60560.
Frequently Asked Questions
Answers to common questions from Kendall County families about wrongful death claims under Illinois law.
Who can file a wrongful death claim in Kendall County?
Under the Illinois Wrongful Death Act, only the personal representative of the deceased person’s estate can file a wrongful death claim, on behalf of the surviving spouse and next of kin. If your loved one did not name an executor, the probate court can appoint a personal representative so the claim can proceed. Our attorneys guide families through this process.
What is the statute of limitations for a wrongful death claim in Illinois?
You have two years from the date of death, not the date of the underlying injury, to file a wrongful death lawsuit in Illinois (735 ILCS 5/13-202). This is an important distinction if your loved one survived for a period of time after being injured before passing away. Missing this deadline permanently bars your family’s claim.
What compensation can my family recover in a wrongful death case?
Illinois law allows recovery for loss of society and companionship, grief, sorrow, and mental suffering, loss of the deceased’s financial support and services, medical expenses incurred before death, and funeral and burial expenses. In cases involving willful or wanton conduct, punitive damages may also be available. Illinois does not cap compensatory damages in wrongful death cases.
Is a wrongful death claim different from a regular personal injury claim?
Yes. A wrongful death claim compensates the surviving family for their own losses, while a separate Survival Act claim (755 ILCS 5/27-6) compensates the deceased’s estate for the pain, suffering, and medical expenses the person experienced between injury and death. Our attorneys pursue both claims together when applicable to maximize your family’s recovery.
Which court handles wrongful death lawsuits in Kendall County?
Wrongful death lawsuits in Kendall County are filed in the Kendall County Circuit Court, part of the 23rd Judicial Circuit (shared with DeKalb County), located at 807 W. John Street in Yorkville. This court handles civil litigation including wrongful death cases arising anywhere in Kendall County, including Oswego, Yorkville, and Plano. Phillips Law Offices has extensive experience filing and litigating cases in this court.
How much does it cost to hire a wrongful death lawyer?
Phillips Law Offices handles all wrongful death cases on a contingency fee basis. Your family pays nothing upfront and owes no attorney fees unless we recover compensation for you. We advance all case costs, including investigation, expert witnesses, and court costs. Your initial consultation is free and confidential.
How long does a wrongful death case take to resolve?
Timelines vary depending on the complexity of liability, the number of parties involved, and whether the case settles or goes to trial. Straightforward cases may resolve in 6 to 18 months. Complex cases involving multiple defendants or disputed liability can take 2 to 3 years. Phillips Law Offices takes the time needed to fully value your family’s loss before negotiating.
Does it matter how my loved one died?
Wrongful death claims can arise from car accidents, truck accidents, medical malpractice, nursing home neglect, workplace incidents, defective products, or any situation where another party’s negligence or intentional act caused the death. The specific facts determine which parties can be held liable and what evidence is needed, which is why experienced legal guidance matters from the start.
Talk to a Kendall County Wrongful Death Lawyer Today
(312) 346-4262
Related: Wrongful Death Lawyer | Car Accident Lawyer | Kendall County Car Accident Lawyer | Kendall County Personal Injury Lawyer | Complete Guide to PI Claims
This page is for educational purposes only and does not constitute legal advice. Every case is different. Contact Phillips Law Offices for a free, compassionate consultation about your Kendall County wrongful death case.