You may have seen a truck accident happen and been traumatized, or you may love someone who was badly hurt or killed in an Illinois truck wreck. Either of these situations can be devastating and can have a significant impact on your life. However, they do not always give you the right to bring a lawsuit against the person who caused the crash.
Instead, in order to file a truck accident case in the state of Illinois, you must have legal standing. If you do not have legal standing, then the party that you name as the defendant will make a motion to dismiss your case—and the court will grant that motion.
Standing to Sue in Illinois Following A Truck Accident
Illinois law allows people to file personal injury lawsuits after truck wrecks when:
- They are adults who have been hurt in the crash.
- They are the parent or guardian of minor children (under the age of 18). Children do not have legal standing to bring their own lawsuits. If your child was hurt, then you may be able to file a case on behalf of your child. The damages in this type of case would be for your child’s benefit.
- They are the legal guardian of someone who was hurt in a truck crash. If you have legal guardianship of an adult, then you may have the right to bring a personal injury lawsuit on that person’s behalf and for that person’s benefit.
- They are the administrator of the estate of someone who died in a truck wreck. In this case, they may have the right to bring a wrongful death claim for the benefit of the estate and its beneficiaries.
If you believe that you have standing to bring a case, then it is important to take action immediately by talking to an experienced truck accident lawyer. An attorney can explain how Illinois truck accident cases work and what steps you need to take to move forward with a lawsuit and a potential recovery. Contact us online or call us directly at 800.800.5678 to schedule your free consultation.