In personal injury law, over 90 percent of all cases never reach trial as they are resolved before this happens by way of a settlement offer and its subsequent acceptance. This is something that is not known by a first-time plaintiff in an Illinois personal injury claim, and it comes as a surprise and a welcome relief that your Chicago injury attorney will, through skillful negotiations, oversee a payout that will help you get the compensation you deserve without having to go through costly and time-consuming litigation. That being said, there is the important issue of reading all settlement agreements with the astuteness it deserves, something that most people don’t think about until it is too late, and they are locked out of seeking compensation for all responsible parties in a Chicago personal injury lawsuit.
Are you looking for personal injury help in Chicago, or any other major city in Illinois? Please call us NOW at 1 (773) 825-3547 for more information on your legal options for compensation. Our attorneys have been helping injured individuals and their families for over 70 years. We have a team of hands-on, friendly yet aggressive injury attorneys in Chicago waiting to help you get the compensation that is commensurate with your injuries regardless of how you sustained them. Call us NOW at 1 (773) 825-3547 for more information on what we can do for you.
Settlement Agreement Debacle – Illinois Injury Attorney
A recent case in Louisiana highlighted the importance of reading settlement agreements closely and carefully. Maggio v. Parker 2018, involved the plaintiff, a Mr. Kerry Maggio was injured by a vehicle belonging to an LLC named The Sandwich Kings, driven by James Parker. The vehicle was owned by Brenda Parker, and it was insured by Louisiana Farm Bureau or Farm Bureau.
Six months later, the plaintiff filed a petition for damages, naming Mr. Parker, Mr. Parker’s employer, and Sandwich Kings as defendants. Others named in the petition include Republic Vanguard and Metropolitan Property Casualty Insurance Company. Interestingly, plaintiff didn’t name Farm Bureau or Brenda Parker as defendants.
On July 6th, 2015, plaintiff acquiesced to a Final Release and Settlement of Claim with Farm Bureau and Brenda Parker, effectively absolving them of any and all actions, demands, claims, damages, loss of services, loss of consortium, causes of action and compensation in consideration of a one-time payment of $25,000. Once Republic-Vanguard and Sandwich Kings received a copy of the release in March 2016, they moved to file a motion for summary judgment stating they were entitled to dismissal due to the July 2015 release. Plaintiff, on the other, hand, moved to oppose the motion for summary judgment claiming that the defendants were not included in the release.
After the district court ruled in favor of the plaintiff, the defendants took the case up to the court of appeal, which consequently denied the writ without comment. The case then moved up to the Louisiana Supreme Court, whose opinion stood divided due to a dissenting judge stating that the language contained in the release was unambiguous and clear and offers no other conclusion other than the relators had been absolved from liability. Finally, the appeal was granted certiorari and remanded for further review.
Chicago’s Best Injury Lawyers – Call Us Now!
In order to avoid such legal complications, it is important to work with an experienced Illinois personal injury law firm to make sure that language contained in a release is clear and binding, and that all liable parties be held accountable for their actions, or lack thereof, resulting in injury sustained by the plaintiff. Need to find out more about your potential Chicago injury claim? Call us NOW at 1 (773) 825-3547 for your free and confidential consultation. We look forward to hearing from you.