Chicago Workers’ Compensation Lawyers & Illinois Injury Lawyers

How the Rules of Procedure Can Play a Vital Role in Your Illinois Personal Injury Case

| May 29, 2024 | Personal Injury |

There are several hurdles that you must clear in order to obtain a successful outcome in your premises liability case. Obviously, you must have factual evidence that shows that you were harmed and that the defendant was at fault. Even if you have these vital pieces, your case still needs more. You need to ensure that you are following all of the mandatory rules of procedure, such that those rules do not stymie your ability to succeed. That is one of the areas in which having a knowledgeable Illinois premises liability attorney representing you can be invaluable.

The rules of procedure must be followed with precision because even small violations of the rules can potentially have catastrophic consequences. One case that showed this in painstaking detail was the injury case of a 14-year-old boy. The boy, who lived in a Chicago suburb, went to the public library after school one cold day. When the library closed, the boy and a friend were forced to go outside to wait for their ride. Due to the weather, the boys decided to stand on a ventilation shaft grate to warm themselves in the ventilation air blowing out. The grate gave out, and the boy fell 20 feet to a concrete area below. The impact resulted in a broken shoulder blade, three broken ribs, and a punctured lung.

The boy’s parents sued the local government, as well as the library. The defendants asked the trial court to issue a summary judgment in their favor on all counts. The trial judge agreed with their argument and entered the order, which meant that the parents lost without even getting to present their case at trial.

The parents asked for an opportunity to amend their complaint again, but the court denied that request on Nov. 14. This meant that the deadline for filing an appeal of that ruling fell on Dec. 14. The parents did appeal but filed their document on Dec. 21. The Illinois rules allow an appeals court to consider a late appeal, but only if the party filing the appeal also files something called a Rule 303(d) motion, which is a request for permission to file a late appeal. The parents did not file a Rule 303(d) motion. In sum, their appeal was late, and they did not file the necessary paperwork requesting that the court consider their late filing.

Many rules of procedure are strict. Fail to follow them to the letter, and that failure may spell doom for your case, no matter how strong your case is otherwise. If you have a potential premises liability case, you need to make sure you have attorneys who have the in-depth knowledge and experience necessary to give you and your case every possible chance for success. The skilled Chicago injury attorneys at Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca have been helping injured people for many years pursue their cases and seek fair and full compensation for the harm that they have suffered. To set up a free case evaluation, contact us at 312-724-5846 or through our website.

More Blog Posts:

Illinois Appeals Court Affirms Judgment and $1.8M Damages Award for Family of Deceased Bicyclist, Chicago Injury Attorneys Blog, July 13, 2017

Family Sues After Student with Special Needs Drowns in Chicago High School Pool, Chicago Injury Attorneys Blog, April 14, 2017