This form is a sample answer and defenses filed by the defendant in a personal injury action.
Illinois Answer and Defenses - Motor Vehicle Accident - Long
State:
Multi-State
Control #:
US-PI-0318
Format:
Word;
Rich Text
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How to fill out Answer And Defenses - Motor Vehicle Accident - Long?
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FAQ
A reply to affirmative defenses generally contains the following elements, in this order: ? A caption ? Denials and admissions of the allegations of the affirmative defenses ? Signature of the plaintiff's attorney (or the plaintiff, if unrepresented) When drafting the reply, be sure to address each allegation of the ...
Car accident cases with clear indicators of liability often take less time to settle. Hence, if police reports clearly show that the negligence of another party led to the crash, you may not have to wait long to get your settlement. In most instances, such a case can take about three to six months.
Salomon, 2011 IL App (1st) 110851, ¶¶34 ? 38 (A ?set-off? is a counterclaim; not an affirmative defense since the set-off defendant/counter-plaintiff seeks affirmative monetary relief against the plaintiff/counter-defendant.)
One of the most common methods an attorney will use to calculate non-economic damages in Illinois is called the ?multiplier method.? Using this method, an attorney will add up all of the economic damages and multiply that total by a set number (typically a number ranging from 2 to 5).
Practitioners need to also remember that if a party files an affirmative answer, the opposing party must file a reply, or the affirmative defenses will be deemed admitted. 735 ILCS 5/2-602.
Most affirmative defenses must be pleaded in a timely manner by a defendant in order for the court to consider them, or else they are considered waived by the defendant's failure to assert them. The classic unwaivable affirmative defense is lack of subject-matter jurisdiction.
(d) The facts constituting any affirmative defense, such as payment, release, satisfaction, discharge, license, fraud, duress, estoppel, laches, statute of frauds, illegality, that the negligence of a complaining party contributed in whole or in part to the injury of which he complains, that an instrument or ...