Chicago Personal Injury Lawyers Discuss the Technicalities Surrounding a Case
By Matthew Willens
Jun. 13, 2016 7:48a
Lawsuit technicalities are also known as the laws or rules around which lawsuits are filed. They are rules and laws that often do not have anything to do with the facts of the legal case that has been filed however, they are the mandatory requirements that are needed to file a lawsuit and can define the legal process. They can be used to enhance the defense of a legal case, or can even break your defense, rendering your legal case null and void. Let us take a look at some commonly used personal injury lawsuit technicalities.
The Statute of Limitations
The statute of limitations is a common term you will come across in a personal injury lawsuit. A statute refers to a law that has been passed by the legislature. Therefore the statute of limitations refers to limitations that are placed on certain types of lawsuits with respect to the timeframe within which it is essential to file a lawsuit.
Our Chicago personal injury attorneys explain that the Statute of Limitations can prevent the prosecution of a case, or recovery of compensation if the lawsuit is not filed in time, irrespective of whether the defendant is at fault. If the statute of limitations comes into action, a party filing a personal injury case will not be able to get any recovery for their injuries. The timeframe set by the Statute of limitations can differ from state to state, and also differ on the basis of the type of case being filed.
Summary Judgement
Every state has set procedures, rules, regulations and steps that require a party to take certain actions with regards to filing a lawsuit that should be adhered to. If these rules and regulations are not specifically adhered to, a defendant can file a summary judgement motion against the lawsuit, making the lawsuit null and void, even before the court gets to hear the case facts. State courts have made it mandatory for plaintiffs to follow a set number of procedures before filing a lawsuit against any public employer, state employer, or city employer.
For example, if there are any governing bodies that need to be notified before filing a lawsuit, it is extremely crucial that they are notified in time before filing the lawsuit. A defendant can request for a summary judgement motion if the procedures are not followed.
Chicago Personal Injury Attorneys
Often, many people who are engaged in legal cases do not have an understanding of these technicalities, and are not able to protect their legal rights. In cases of personal injury, such as a Chicago automobile crash, seeking the assistance of an experienced lawyer is crucial to understand the correct implications and procedures surrounding legal technicalities.
Whether you are the party filing the lawsuit, or a defendant against whom the lawsuit has been filed, it is extremely important to not only be aware of these technicalities surrounding lawsuits, but to have an experiencedChicago injury lawyer on your side to guide you through the process.
If you have been injured, contact a top-rated Chicago injury lawyer at Willens Law Offices today for a free consultation.
Call (312) 957-4166 today.