Legal Question in Personal Injury in Illinois

i was injured while dining at a restaurant by a faulty chair and had my pants ruined. i was told by restaurant staff to seek medical attention and submit a bill for my clothing and medical for possible tetanus. when i submitted the bill they told me they would only cover my clothing....i filed in small claims, and when i showed up for court, the other party did not show but submitted some form of "non present but present motion" that allowed them to not show up...its been four years since the incident and would like to be compensated, but to make sure i have not jeopardized myself from legal recourse for attorney fees etc, my case was an easy win but i did not have the resources or time to follow up after the initial no show by them. Cout records show the case has been trasnferred to a new judge. what should i do?


Asked on 11/12/10, 9:57 am

3 Answers from Attorneys

Well, if they're not willing (and you too) to settle, you MAY be able to have the case advanced on the calendar, but with the way things are in the real world a case like yours unfortunately may take a back seat (no pun intended) to foreclosures, etc. Check with the court clerk and see if they can be at all helpful; maybe the transfer was to in fact move things along (4-5 year old cases in outlying counties not getting to trial is not unheard of...). The only other thing you may want to consider is having an attorney do this for you, even though your recovery would be reduced by the fees..... While I can't apologize for the state of our court system, it is discouraging for all of us, believe me.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is currently licensed to practice law actively only in the State of Illinois, inactively in Florida. Responses are based solely on Illinois law unless stated otherwise.

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Answered on 11/17/10, 2:05 pm

Good grief. Call them and ask if they'll pay you for a new pair of pants.

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Answered on 11/21/10, 5:58 pm
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

I dont understand why the one attorney would tell you just settle for your pants, when you incurred other expenses. There is a reason why he works for an insurance company.

Talk to the Clerk of the Court and have your case set for trial.

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Answered on 11/22/10, 7:23 am


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