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Go to the courthouse. The small claims court clerk will supply you with the necessary forms (a summons and a complaint form) to begin the lawsuit. List your name as the plaintiff. You are the person filing the lawsuit.
Hear this out loud PauseAn injured plaintiff has a duty to mitigate his damages. That is, he must use ordinary care to obtain medical treatment in an effort to be cured of those injuries.
33.01 Mitigation of Damages--Personal Injury In fixing the amount of money which will reasonably and fairly compensate the plaintiff, you are to consider that an injured person must exercise ordinary care to obtain medical treatment. Damages proximately caused by a failure to exercise such care cannot be recovered.
Some common types of damages awarded in Illinois include money for: loss of financial support the deceased would have provided, including lost wages and benefits. loss of consortium (meaning the loss of society, companionship, and the sexual relationship the deceased would have had with his or her spouse)
Hear this out loud PauseWhat Does Mitigate Damages Mean? Mitigation means that a victim must take reasonable steps to minimize their losses related to an injury accident. An injured person does not have to take every step to mitigate their damages, especially if such steps are inconvenient or costly.
2-2301. Settlement of claims; payment. (a) In a personal injury, property damage, wrongful death, or tort action involving a claim for money damages, a release must be tendered to the plaintiff by the settling defendant within 14 days of written confirmation of the settlement.
Hear this out loud PauseDuty to mitigate damages is a contract concept that simply means that the party who did not breach the contract cannot take advantage of the breach. This duty protects a breaching party from unfair liability. This duty also prevents recovery of any damages that could have been reasonably avoided.
Hear this out loud PauseThe duty to mitigate damages is the idea that an injured party must take reasonable action to limit the extent of the harm they suffered due to a defendant. For example, in a car accident, you should pull off to the side of the road if possible to avoid being hit by another vehicle.