There are many things to consider when determining whether to bring a lawsuit to recover compensation after a serious accident. In addition to having a strong legal claim, ensuring that you follow all of the applicable procedural rules and deadlines is essential. Without complying with certain filing deadlines, appeal requirements, or procedural aspects, you may lose your right to compensation, regardless of how strong the legal basis for your claim may be. As seasoned Chicago premises liability lawyers, we are deeply familiar with these rules and ensure that our clients’ interests are protected at every juncture.
A recent appellate opinion highlights not only the seriousness of these rules but courts’ tendency to enforce them strictly as well. The facts of the case are as follows. Two minors were waiting outside a library for a ride home after the library closed. The minors were standing on top of ventilation shafts, using the warm air from the grates to warm their hands due to the cold winter weather. One of the grates gave way while the boys were standing on top of them, sending one of the boys plunging 20 feet down onto the concrete below. The boy suffered a fractured scapula, three fractured ribs, and lung punctures. He required two weeks of hospitalization and a series of rehabilitative treatments.
The injured boy’s parents sued the city and the library, seeking damages for the injuries that their son sustained. The defendants both filed motions for summary judgment, which the court granted. The plaintiffs filed a motion for reconsideration, stating that the court erred in granting the motions for summary judgment and requesting leave to file an amended complaint. The trial court denied both motions.