We understand clients want to attempt all avenues of collection before sending the file to litigation. Unfortunately, waiting to send in a file can close potential avenues of collection. We recommend sending in motor vehicle files no later than six months before the statute of limitations.
Servicemember Civil Relief Act
The Servicemember Civil Relief Act provides servicemembers with important protections in civil and administrative proceedings.
Illinois Dead Man’s Act
The Illinois Dead Man’s Act strongly constricts the ability of a Plaintiff to present evidence in cases in which the Defendant is deceased. As with any good rule based in old English common law, it comes with its own lyrical phrase: since a decedent’s lips are sealed by death, a...
Defendant Failed to Yield the Right-of-Way
We proved the defendant failed to establish any issue of material fact and violated the law for failing to yield the right-of-way. The Court concluded the defendant’s failure to yield was the proximate cause of the damages to the insured. As a result, our client was awarded $25,000.
National Fire Protection Association and NFPA 921
For the first time in 1992, nearly 100 years after its inception, the NFPA published its “Guide for Fire and Explosion Investigations” under NFPA 921. This publication established guidelines and recommendations for the safe and systematic investigation or analysis of fire and explosion incidents. As such, NFPA 921 provides standards...
Right of Contribution
Because contribution is an excellent way for an insurer to recoup some of the damages that it pays on a particular loss, consideration should be given to separate policies that an insured or other entity may maintain on the same risk, property and/or interest, so that contribution may be pursued...
Propane Explosion
The explosion and subsequent fire, killed the defendant and damaged the plaintiff's home. The plaintiff's home was damaged beyond repair and had to be torn down. After a two and a half day jury trial, the jury returned a verdict in favor of the plaintiff and against the defendant.
Illinois Animal Liability
The Illinois Animal Control Act supplements the general common law rule and eliminates the requirement that the owner of the animal in question has prior knowledge of the vicious or dangerous propensities of the animal.
Admissibility of Photographic Evidence
Currently, the admissibility of photographic evidence is based on two different theories. These two theories represent a departure from earlier requirements, which required authenticating testimony from the photographer and/or an expert witness regarding the reliability of the recording process.
Liability of Property Owners and Trees
Property owners in rural areas have a low threshold to preclude liability for damages. Generally, landowners in rural areas do not have a duty to inspect and remove their dead or defective trees that hang over highways or roadways.