Illinois | FAQs

Do I have the right to file a personal injury lawsuit in Illinois?

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The Right To File A Lawsuit

You do not have the right to file a personal injury lawsuit in Illinois every time you get hurt. Instead, you must have legal standing to file a case. An experienced lawyer will talk to you about your claim and make sure that you have standing before you begin pursuing a personal injury claim.

Four Ways You May Have Standing

You could have the legal right to bring a lawsuit in Illinois if:

  • You are an adult who was hurt by someone else’s negligent or intentional actions. If you were suffered a direct and actual injury, then you may have standing to file a lawsuit and recover damages.
  • You are the parent of a child under the age of 18 who was hurt by someone else’s negligent or intentional actions. If your minor child suffered a direct and actual injury, then you may have the right to file a lawsuit on your child’s behalf. Any recovery would be for your child’s benefit.
  • You are the legal guardian of someone who was hurt by someone else’s negligent or intentional actions. As with a minor child, if you are the guardian for a child or an adult who was suffered an actual and direct injury, then you have the right to file a lawsuit for the benefit of that person.
  • You are the administrator of an estate of someone who died because of someone else’s negligent or intentional actions. You may have the right to file a wrongful death case on behalf of the estate. Any damages that are recovered would go to the estate and its beneficiaries.

According to these requirements, you must have been the one who was directly hurt or you must have the legal authority to act on behalf of someone who was directly hurt. This prevents witnesses from accidents, people who are worried about a potential injury, and others from filing unnecessary litigation and it protects the rights of those who have been truly injured by someone else’s actions.

Knowing whether you have standing is an important first step in pursuing an Illinois personal injury recovery, but it is only one piece of how a personal injury case works. For more information about protecting your rights, please contact us online or call us directly at 800.800.5678 to schedule your free consultation.

Jason F. Abraham
Managing Partner, Hupy and Abraham