This form is a sample answer and defenses filed by the defendant in response to a complaint filed by the plaintiff. This form lists multiple affirmative defenses from which to select.
Illinois Personal Injury Answer - Accident - Contract Involved
State:
Multi-State
Control #:
US-PI-0230
Format:
Word;
Rich Text
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FAQ
The Statute 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.
General damages or non-pecuniary losses are those damages which cannot be mathematically assessed at the date of trial. The predominant head of general damages in personal injury claims is pain, suffering and loss of amenity although there are a number of other heads of general damages which must also be considered.
Such situations include, for example, vehicular and other accidents, injury caused by a defective product or drug (product liability), job-related injury, and medical malpractice. All these situations are referred to as casualty/personal injury cases.
Personal injury compensation awards will be calculated based on the type and seriousness of your injury, and any other losses you have suffered as a result, such as medical bills or if you cannot work.
Insurance companies in Illinois have at least 45 days to settle a claim and make the final payment after the claim is filed. Illinois insurance companies have 15 days to acknowledge a claim and send further instructions to the claimant and then another 30 days to pay the claim if it is approved.
Damages occurred: The plaintiff was actually damaged by the defendant's actions or failure to uphold their duty. The complaint might allege physical damages, emotional damages, monetary damages, etc. If the plaintiff didn't suffer any injuries or losses, then there is nothing to hold the defendant liable for.
Injuries that occur as a result of someone else's careless or reckless actions may lead to a personal injury claim. It's important to understand the elements that apply to this type of case: duty of care; failure to exercise reasonable care (negligence); causation; and the presence of damages.
A negligence claim requires that the person bringing the claim (the plaintiff) establish four distinct elements: duty of care, breach, causation, and damages.