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Who has the legal authority to file a negligent security case in Illinois?

You must have standing to sue in order to bring your negligent security claim to court

The legal authority to bring a lawsuit in court is known as “standing to sue.” It is important to know whether you may have standing to sue after a negligent security incident, because if you do not have standing than the defendant will ask the court to dismiss the case—and that request will be granted.

Do You Have Standing?

In Illinois, a person has standing to file a personal injury lawsuit if one of the following things are true:

  • You were the one injured by the negligent security. Assuming that you are a mentally competent adult, you have the right to bring a lawsuit for your own injuries.
  • You are the parent of a child under the age of 18 who was injured in a negligent security incident. As your child’s parent and legal guardian, you have the right to bring a negligent security case on behalf of your child.
  • You are the legal guardian of a mentally incompetent adult who was hurt in a negligent security incident. As the legal guardian of someone over the age of 18, you may have the right to bring litigation on that person’s behalf and to protect that person’s recovery of damages.
  • You are the administrator of the estate of someone who died because of negligent security. As the estate’s administrator, you have the right to bring a wrongful death lawsuit. Any recovery that is made in settlement negotiations or in court will become the property of the estate and distributed accordingly.

If any one of these things applies to you then it is important to learn more about how a negligent security case works in Illinois and about how to take the necessary steps to protect your fair recovery. You can get started right now by browsing the free resources available on our website and by contacting our experienced lawyers any day of the year at 1-800-800-5678. We are always available to help you make important decisions and to help you protect your recovery.

Jason F. Abraham
Managing Partner, Hupy and Abraham