How To File A Lawsuit In Cook County Il

How to File a Lawsuit in Illinois Blog Learn most footstep-by-step procedure of filing a lawsuit in the state of Illinois.

Filing Your Own Civil Lawsuit – Steps to Handle a Legal Dispute

Accidents happen all the time in life. If you are injured as a result of someone else'southward negligence or are involved in an blow, you may want to sue them and will consider filing a lawsuit against the other party. This tin can feel intimidating if you've never filed a lawsuit before, and y'all may exist wondering where to outset. The truth is, anyone can file a lawsuit.

Of class, it is always recommended to have an chaser review your case with you and discuss the best strategy for your instance, simply sometimes your all-time class of action may be to pursue your case on your own, equally an individual, or as pro se litigant. Sometimes you may not need or want an attorney. In other instances, information technology may non be financially feasible to hire a lawyer. This article will discuss when it's best to file a lawsuit on your own without an attorney, and how to practice it.

Annotation: This article should not be construed every bit legal advice and no attorney-client relationship is created by providing this information. This article is no substitute for the detailed counsel that a lawyer tin provide. If you think you need a lawyer, you probably practise. And if that'southward the case hire one. Nigh lawyers will provide a costless consultation before you hire them, so there is no down side to speak to an attorney when y'all are because filing a lawsuit.

For a complimentary legal consultation, call (312) 223-1700

A Civil Lawsuit at a Glance

A civil action is any type of lawsuit when one person has a legal dispute confronting another. This can take many forms, whether information technology be a dispute between people on a promise they fabricated together, or a divorcing couple disagreeing most the distribution of their coin or property, or someone who is injured considering of someone else. The most mutual type of civil action is a personal injury lawsuit, where the Plaintiff, or injured party, asks for compensation from the Defendant, who caused Plaintiff injury.

Negligence refers to when the Defendant should have acted differently, and as a result, acquired the Plaintiff injury. Every bit an case, imagine you are a pedestrian crossing the street at a crosswalk, and a vehicle ignores the stop sign and hits you. That vehicle should have followed the traffic signs in that situation. The police force entitles you to pursue compensation against that negligent party. Civil deportment typically seek budgetary bounty, or damages.

Attorney or No Attorney?

The question of whether or not to hire an attorney tin can be answered past looking at what type of resolution you need from the courtroom. Every lawsuit volition contain a Prayer for Relief, where the Plaintiff will ask the Courtroom for something. A Courtroom tin can demand the Accused pay budgetary bounty as a result of the Plaintiff being wronged or injured in some way (damages) or the Court can issue an Lodge demanding that the Defendant do something (specific performance or an injunction).

Ane of the first questions you should ask yourself earlier you file a lawsuit is what exactly practise you want the lawsuit to accomplish? If y'all have been injured, what expenses practice you want compensated? Hither are some expenses that might exist associated with your average personal injury lawsuit:

Medical expenses, both past and hereafter treatment
Lost time off of work to see your physician
Cost of prescription drugs or over the counter medications
Cost of transporting yourself to and from medical appointments
Pain and suffering associated with trauma of the accident
Disability to participate in an action yous used to be able to
Loss of overall quality of life

Every bit y'all can see, there are many potential expenses that can stem from a unmarried accident. You should identify all potential expenses you may have as a result of your lawsuit. This will help frame the basis of your adjacent steps.

While each small claims case may be dissimilar, typically yous will want to hire an attorney if you are seeking damages in backlog of $5,000.00, or if yous are seeking specific action in the form of an Order from the Court. If your example tin be resolved for a small corporeality or has a modest value, hiring a lawyer may not make economic sense. In other words, the cost of litigating the case with a lawyer may exceed what you actually hope to recover. Hiring a lawyer is a personal pick. Sometimes pursing a lawsuit pro se is your only option.

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Start Steps in Initiating a Lawsuit

Once you've identified what you are looking for from the Court, your next pace is to file a Complaint at Law. This will spell out exactly what happened in your instance and how your case meets the basic requirements of a lawsuit. Depending on what jurisdiction you are in, each county will have different rules and formats about how a complaint needs to look. Your local library will likely accept examples near how complaints in your jurisdiction are formatted. Here is an example of a Complaint in Cook County, Illinois:

At that place are a few basic requirements for filing a complaint. A Plaintiff must be at least 18 years of age to file a lawsuit on their own behalf. Whatever parent or guardian of a kid may file a lawsuit on a minor's behalf. In your complaint, you will want to place:

Who yous are suing
Why you lot are suing them (What cause of action are you pursuing? eastward.thou. negligence, alienation of contract, etc. Specific allegations for each crusade of activeness are required.)
How much you are suing them for

Y'all should endeavour and put as much information as possible that might pertain to your case in this complaint, equally this is your first opportunity to present the facts of your example to the Court. For instance, if you are suing someone for scratching your auto and causing a modest paring, you should identify where your vehicle was, what time and mean solar day information technology was when it was scratched, the name of the Defendant, how your vehicle was scratched, and the estimated cost of fixing the scratch. If you need assistance in drafting your Complaint, a gratis chaser consultation may be able to aid you lot or you lot can seek assistance from the Pro Se Filing Desk at your local courthouse.

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Filing Fees when You Set Your Lawsuit Yourself

Yous volition demand to pay a filing fee in order to set your case in motion, as well as a service fee. Your fee volition scale with the total amount of amercement you are seeking:

$0.01 to $250.00: $119.00
$250.01 to $ane,000.00: $172.00
$one,000.01 to $2,500.00: $177.00
$two,500.01 to $3,000.00: $227.00
$3,000.00 to $15,000.00: $379.00

This filing fee, once paid, volition generate a docket number for your case which will be used as a reference number for the elapsing of your lawsuit. Each local jurisdiction is going to accept its own fee schedule. When y'all file your lawsuit, yous volition need to check the filing costs. In some instances the cost may exist waived past the court if you tin show economical hardship.

The second fee yous will need to pay is called a "Service Fee." Once you file your lawsuit, you will want the Accused to formally appear in your instance and acknowledge the merits against them. This is done past notifying the Defendant through Service of Process, where a copy of the Complaint is sent directly to them and they are given a chance to respond to your allegations. Service of Procedure tin be accomplished through a number of means:

Service by certified post confronting an individual: $12.xxx
Service by certified postal service against a single corporation: $twenty.59
Service through the Sheriff: $60.00 per Defendant

Yous should verify with your local courthouse what service efforts are required and or accustomed for your specific case. In addition, you should know and understand that filing fees change from time to time.

One time paid, the Court will then send a re-create of your Complaint, forth with a Summons to the Defendant's last known accost. Yous should endeavor and verify that you take an accurate address for the Defendant you are suing before you file a lawsuit to ensure that they are properly notified.

Step past Step Video Guide to E-File a Chicago Personal Injury Lawsuit

How to File a Ceremonious Lawsuit Online in Illinois

At present that you take all the basic requirements for filing a lawsuit, it's time to put your lawsuit in motion. Almost jurisdictions have the selection of due east-filing your case online, although you e'er have the option of filing your case in person at the courthouse. Pro Se Filing Desk staff can assist you in preparing your documents. You will need to file three separate documents: Your Complaint, a Summons for the Defendant, and a Civil Action Encompass Sheet. You can visit the Clerk of the Excursion Court of Melt County for examples of fillable courtroom forms, or Illinois Legal Assist Online. Here is an example of a Summons cover and a Civil Action Encompass Canvass:

Once you take all these documents fix, you are ready to file your instance. Odyssey eFile is one of the most mutual portals for filing legal cases electronically. You will need to annals for a new account and provide billing data to pay for your filing. Hither is a step by step guide to filing your lawsuit online with descriptions of the forms you'll need to complete.

Filing a Lawsuit Online – Pace 1

Select Start a New Case to begin your filing process.

Filing a Lawsuit Online – Step 2

Select your location.

If you are filing a Small Claims example, this will be heard in the First Municipal District of Cook County.

You should ensure you are filing in the proper courthouse before filing. Just like the filing fees, the proper courthouse will depend on the full amount of your amercement. Damages under $30,000 volition be heard in the Municipal District. Cases with damages in excess of $30,000 are heard in the Law Section.

You should then select what type of case will be heard. This will entirely depend on the nature of your lawsuit. For this instance, nosotros are filing a personal injury lawsuit as a result of a motor vehicle accident.

Filing a Lawsuit Online – Step three

You will then exist asked to create a reference number for your filing. This is different from the docket number that volition ultimately go generated. Select Cook County Attorney/Self-Represented Code from the drop downwards menu and type in 99500 equally your Pro Se filing code. Add this Cross Reference Number and Save Changes to continue.

Filing a Lawsuit Online – Pace 4

You will then be asked to input contact data for yourself, the Plaintiff, and the Defendant yous are suing. This data will also be used for Service of Process, then be sure your information is accurate before proceeding.

Filing a Lawsuit Online – Step 5

Finally, yous volition need to upload your documents. Select Complaint / Petition from the filing code drop down menu and so hit the Upload button to select your Complaint. Yous should then do the same for your Summons and Civil Action Cover Sheet.

Once you've so paid your filing fees and paid your documents, your instance has officially been filed, and you lot accept satisfied your initial pleading requirements as a Plaintiff.

Feeling Lost? Consult with an Chaser for Gratuitous!

As you tin can come across, there are many steps to exist enlightened of even during the initial stages when y'all file a lawsuit. Moreover, filing the lawsuit is just the offset pace. In that location are many more steps to take subsequently this in the legal process that tin be very difficult to navigate. However, as long equally you come prepared with the necessary information, anyone can file a lawsuit on their ain with or without the assist of an attorney.

When yous decide you desire to sue, yous may find yourself getting stuck looking for an answer to a question nigh how to pursue your ceremonious instance. You should ever consult with an attorney before taking legal action to talk over your case and get counsel on your best move forward. An attorney can advise whether it would be best to keep pro se or whether the complexity of your instance requires an attorney.

Contact the experienced personal injury attorneys at The Kryder Law Group for a free consultation on your example and to get answers to your questions about civil cases and the ceremonious litigation process.

Call or text (312) 223-1700 or complete a Costless Case Evaluation class