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What You Need to Know Before Starting a Negligent Security Case in Illinois

A negligent security case is a complicated and effortful matter to handle

Starting a lawsuit is a big decision. You have a lot of different factors to consider and ultimately you need to decide whether a lawsuit will help you with your recovery.

It is the mission of our law firm to keep clients informed, to give each client personal attention, and to help our clients in any way that we can. We believe that every personal injury victim deserves full and accurate information about his or her recovery. Accordingly, we encourage all prospective clients and their families to learn more about how negligent security cases work in Illinois and about how to decide whether or not to pursue a legal recovery.

Important Things to Know About Negligent Security Lawsuits

As you decide whether or not litigation is right for you, it is important to think about:

  • Why you should pursue a civil case against a property owner even if criminal charges are pending against your attacker. Criminal charges may result in jail time or a fine for the person who attacked you, but a criminal case will not result in your financial recovery. Instead, you will need to pursue a civil case and you may have a claim against the property owner if the property owner was negligent.
     
  • How long you have to file a case. In most cases, you have two years to file a negligent security case in Illinois. However, there are some exceptions to the statute of limitations that could shorten or lengthen that time.
     
  • Whether you have the legal right to file a case. You have standing, or the legal right to file a case, if you were the one who was hurt or if you are acting on behalf of your minor child, an adult in your guardianship, or an estate for which you are the administrator.
     
  • How to collect evidence. Evidence such as photographs, eyewitness statements, and surveillance video may help you prove your case and recover fair damages.
     
  • How expert witnesses may help your claim. Expert witnesses may include security experts, doctors, and others who can provide professional opinions about the cause or extent of your injuries.
     
  • Whether you need an attorney. An attorney can help you gather evidence, file your case, negotiate with insurance companies, and recover fair damages.
     
  • How settlements work. Settlements require negotiation. The property owner’s insurance company wants to pay you as little as possible for your damages and has professional insurance adjusters working hard to do just that. An attorney may present evidence and arguments that convince the insurance company to enter a fair settlement so that your case can be decided out of court.
     
  • How to start a civil court case in Illinois. Some cases cannot be settled out of court. If you are going to file a civil negligent security case, then you are going to need to file a complaint, a summons, and the required filing fee before the statute of limitations expires.

Each of these things is important and must be considered given the unique facts of your case.

What About the Day-to-Day Stress of a Lawsuit?

Lawsuits require work. It takes time and effort to gather evidence, to draft and file pleadings and other documents for the court, to appear in court, and to negotiate settlements. However, you do not have to do this work or deal with this stress on your own. Instead, you have the right to hire an experienced lawyer to do it for you.

Our attorneys represent people hurt in negligent security incidents on a contingency fee basis. That means that we are not paid unless you recover damages either in court or in a settlement, and we handle all matters related to your case for you.

If you would like to learn more about your potential negligent security claim or how we may help you, then we encourage you to contact us directly via this website or by phone at 1-800-800-5678 to schedule a free, no-obligation consultation.

Jason F. Abraham
Managing Partner, Hupy and Abraham