Legal Terms Used in Illinois Personal Injury Litigation

Navigating the Illinois legal system can feel overwhelming, especially in personal injury cases. Lawyers, insurance adjusters, and judges use specialized terminology that may be unfamiliar to the average person. Our top-rated Illinois accident attorneys break down essential legal terms used in personal injury litigation, with a focus on Illinois law and how these terms are applied in the state’s courts. Understanding these terms will empower you throughout the litigation process.

Common Legal Terms in Illinois Personal Injury Cases

1. Plaintiff: The plaintiff is the individual who files the lawsuit, claiming that they have suffered harm due to another party’s negligence. In Illinois personal injury cases, the plaintiff must prove their case by showing a preponderance of the evidence (i.e., that it’s more likely than not that the defendant’s actions caused the injury).
2. Defendant: The defendant is the individual or entity being sued. In Illinois, defendants are held responsible under negligence law if their breach of duty causes harm.
3. Negligence: Negligence is central to Illinois personal injury cases. It refers to the failure to exercise reasonable care that results in harm to another. Illinois follows the modified comparative negligence rule, meaning that if the plaintiff is more than 50% at fault for their injury, they cannot recover damages.
4. Duty of Care: Under Illinois law, individuals and businesses have a duty to avoid causing harm to others. For example, drivers must follow traffic laws, and property owners must keep their premises safe for visitors.
5. Breach of Duty: A breach occurs when the defendant fails to meet their duty of care, leading to injury. In Illinois, the plaintiff must demonstrate that the defendant’s actions were unreasonable and fell below the standard expected of a prudent person.
6. Causation: Causation ties the defendant’s breach of duty to the injury sustained by the plaintiff. In Illinois, the plaintiff must prove cause-in-fact (but-for the defendant’s actions, the injury wouldn’t have occurred) and proximate cause (the injury was a foreseeable result of the defendant’s actions).
7. Damages: Damages refer to the financial compensation sought by the plaintiff. Illinois law allows recovery for economic damages (medical expenses, lost wages) and non-economic damages (pain and suffering). In cases of gross negligence or malicious conduct, punitive damages may also be awarded to punish the defendant.
8. Statute of Limitations: The statute of limitations refers to the time frame in which a lawsuit must be filed. If a lawsuit is not filed within the statute of limitations, your case will be dismissed. In Illinois, the statute of limitations for personal injury claims is generally two years from the date of the injury. For minors, the clock starts ticking on their 18th birthday, generally giving them two years from then to file a claim.

Terms Used by Illinois Insurance Adjusters

1. Claimant: The claimant in a personal injury case is the person seeking compensation from an insurance company. In Illinois, claimants often file third-party claims against the at-fault party’s insurance company.
2. Coverage: Coverage refers to the protection provided under an insurance policy. Illinois mandates that drivers carry minimum liability insurance to cover bodily injury and property damage.
3. Policy Limits: In Illinois, the law requires minimum liability coverage of $25,000 per person and $50,000 per accident for bodily injury, and $20,000 for property damage. Policy limits are crucial because they determine the maximum payout available from the insurance company.
4. Liability: Insurance adjusters assess liability by determining who is at fault for the accident. In Illinois, liability is evaluated using the comparative negligence rule, which reduces a plaintiff’s recovery based on their degree of fault.
5. Reservation of Rights Letter: This is a notice from the insurance company that they are investigating the claim but reserve the right to deny coverage if they determine the claim is not covered by the policy.
6. Settlement: A settlement is an agreement to resolve the case without going to trial. In Illinois personal injury cases, insurance adjusters often negotiate settlements to avoid the time and expense of litigation.

Legal and Court Terms Used by Illinois Judges

1. Complaint: A complaint is the legal document filed by the plaintiff to initiate a lawsuit. It outlines the facts of the case, the legal basis for the claim, and the damages being sought. In Illinois, the complaint must be filed within the applicable statute of limitations.
2. Answer: The answer is the defendant’s formal response to the complaint. In Illinois, the defendant has 30 days to file an answer after being served with the complaint. The answer may admit or deny the allegations and assert defenses.
3. Discovery: Discovery is the process of exchanging evidence before trial. In Illinois personal injury cases, discovery typically includes interrogatories, requests for production of documents, and depositions. This process is crucial in gathering the facts of the case.
4. Deposition: A deposition is sworn, out-of-court testimony given by a party or witness in a personal injury case. Depositions in Illinois are recorded and may be used at trial to challenge the credibility of a witness.
5. Summary Judgment: Summary judgment is a ruling by the court that no factual disputes exist and that the case can be decided on legal grounds without going to trial. In Illinois, a judge may grant summary judgment if they believe there is no need for a jury to decide the case.
6. Verdict: A verdict is the decision rendered by a judge or jury after hearing the evidence in a personal injury trial. The verdict determines whether the defendant is liable and, if so, the amount of damages awarded.
7. Judgment: A judgment is the final ruling by the court, based on the jury’s verdict or a judge’s decision in a bench trial. In Illinois, once a judgment is entered, the defendant must pay the damages awarded unless they file an appeal.
8. Appeal: In Illinois, if either party believes the trial court made legal errors, they may file an appeal with a higher court. The appellate court reviews the record of the trial to determine whether the law was applied correctly.
9. Preponderance of the Evidence: In Illinois civil cases, including personal injury cases, the burden of proof is on the plaintiff to show by a preponderance of the evidence that the defendant is liable. This means the plaintiff must prove it is more likely than not that the defendant’s actions caused the injury.

Common Settlement Terms in Illinois Personal Injury Cases

1. Release: A release is a legal document signed by the plaintiff, agreeing not to pursue further legal action against the defendant in exchange for the settlement. In Illinois, once a release is signed, the plaintiff gives up the right to sue for the same injury.
2. Contingency Fee: Most personal injury lawyers in Illinois work on a contingency fee basis. This means the lawyer’s fees are only paid if they win or settle the case. Typically, the attorney’s fee is a percentage of the settlement or judgment, usually around 33%.
3. Structured Settlement: A structured settlement provides periodic payments over time instead of a lump sum. In Illinois, structured settlements are often used in cases involving large payouts, allowing plaintiffs to manage their finances more effectively over time.
4. Mediation: Mediation is an alternative dispute resolution method used in Illinois personal injury cases to facilitate settlement negotiations between the parties. A neutral third-party mediator helps both sides reach a mutually acceptable agreement, potentially avoiding the need for a trial.

Contact the Experienced Illinois Personal Injury Attorneys at John J. Malm & Associates

Understanding the key terms used in Illinois personal injury litigation can help you navigate the complex legal process with greater confidence. From the initial filing of a complaint to the final judgment or settlement, each stage of the case involves specialized terminology that affects how your case is handled. At John J. Malm & Associates, with offices in Naperville and St. Charles, we are committed to ensuring that our clients are fully informed throughout their cases. Contact our top-rated Illinois accident lawyers today if you need legal guidance on a personal injury matter. We offer free consultations, including in-person, virtual, and telephone consultations.