New Illinois Rules Regarding Civil Settlements

 Posted on December 00,0000 in Cook County personal injury lawyer

Recently, Governor Quinn signed Public Act 098-0548 into law, officially amending the Illinois Code of Civil Procedure. The amendment generated a statutory section regarding settlements and liens for civil cases. If you believe you have the grounds for a personal injury case that may be influenced by the new civil settlement requirements, you should discuss the specifics and potential impacts with your personal injury attorney.

The statute, 735 ILCS 5/2-2301, puts into place explicit deadlines regarding the exchange of settlement documents and payments once a civil case has reached settlement. For victims of personal injury who are receiving payments for their damages and suffering, these payments are of critical assistance in helping them to pay off bills and close the gap with missed work time. The new statute puts penalties on defendants (inclusive of entry of judgment and associated costs) if the settlement draft is not provided by the defendant within 30 days of settlement document receipt.

The statute will officially go into effect on January 1, 2014, so those with potential and pending personal injury cases in Illinois should take notes. This section applies to those cases with matters of property damage, wrongful death, tort actions with claims of money damages, and personal injury, although class action lawsuits are excluded. Certain government entities are also exempted from this statute.

A defendant, as a result of this statute, is now mandated to pay all damages and determined sums to the plaintiff within a strict 30-day period after the plaintiff provides particular settlement documents. These documents are the copy of the approved settlement order, the executed release, and signed releases for liens.

Personal injury laws can be complex and require a comprehensive understanding of existing rules and requirements. For your case, hire only an experienced Illinois personal injury attorney to represent your claims and fight for the damages you deserve.