Illinois Answer and Defenses - Mobile Home Accident

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Multi-State
Control #:
US-PI-0187
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Word; 
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This form is a sample answer and defenses filed by the defendant in a personal injury action alleging that the defendant's faulty installation of stairs led to the injury and ultimate death of the plaintiff.
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FAQ

In Illinois, there are two different time limits. An injured party has two years from the date of the car accident to file a lawsuit for personal injury and five years to file for property damage.

The average settlement price for rear-end car accidents is around $3,000 ? $45,000. However, this amount can vary depending on the severity of the crash and the sustained injuries. Speak with a Chicago rear-end collision attorney to understand your rights and legal options.

Rear-end collisions are nearly always someone else's fault. Illinois law includes a presumption that the person who hit you from behind was responsible for the crash, but the other driver can present evidence that another factor or person caused the crash.

The report must be filed with the Illinois Department of Transportation (DOT) no later than 10 days after the accident. If you don't file a report when required, then you may also face penalties such as fines, jail time, or having your driver's license suspended.

The penalty for this charge of leaving the scene of an accident is a Class A Misdemeanor. The range of penalties are up to 364 days in jail, probation/conditional discharge/court supervision up to 24 months and fines up to $2,500.

Both fault-based and no-fault insurance laws are prevalent in the United States. However, Illinois is not a no-fault state, but it is an at-fault or tort state with comparative negligence laws. Drivers are responsible for covering the other party's damages if they are more than 50% at fault for an accident.

Courts must determine the percentage of fault and negligent actions of each party involved in the motor vehicle crash based on details like speeding, distraction, disregard of traffic signals, intoxication, reckless maneuvering, and other behaviors leading to the incident.

Generally speaking, the driver in back will be found at fault for a rear-end collision. However, liability for the accident is not automatically assigned to the trailing motorist. Determining rear-end collision fault is best left to an experienced attorney.

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Illinois Answer and Defenses - Mobile Home Accident