Pre-Trial Settlements Can Be Ways for Plaintiffs to Obtain Desired Result Without the Risk of Trial
In some circumstances, going to trial is the best way for plaintiffs to obtain the compensation they deserve. But in other cases, plaintiffs may want to avoid trial and can obtain the results they want without having to wait until the end of a trial. In Illinois, a plaintiff can dismiss a claim against a defendant and resolve the case through an agreed-upon settlement. In some cases with multiple defendants, a plaintiff may be able to obtain a settlement against one defendant and proceed to trial against the others. Some settlements require court approval, while others require only the agreement of the parties involved.
If a plaintiff agrees to a settlement, the circuit court retains jurisdiction for at least 30 days over any motion seeking relief from the judgment. For example, a party can return during that time to enforce a settlement or to try to void the settlement, due to fraud or duress. After this time, the court has more limited jurisdiction over the case, but it may be able to decide certain issues related to the judgment.
Woman Injured by Discus at School Track Meet Obtains $350,000 Settlement
An 83-year-old woman and her husband were attending a high school track meet when the woman was hit by a student’s discus. According to one news source, the woman filed a lawsuit against the school and against the athletic association, alleging they failed to keep spectators safe.
The couple had been standing in the visitor area when the woman was hit. She claimed there was not a sufficient barrier between the athletes and the spectators, and there was not a safe area for spectators to watch. She also said no one warned that a discus had been thrown. She alleged that she suffered severe personal injuries, including a traumatic brain injury. The parties agreed to settle the lawsuit, and the woman was awarded $350,000.
The school has since pushed back the spectator fence farther away from the athletes. There are also more signs warning spectators of potential risks. The signs read: “Attention: Stay alert! Flying objects!” and “Spectators entering the discus and shot put venues assume all risk of danger incidental to the event including but not limited to the danger of being injured by equipment as well as flying discuses and shot puts.”
Contact a Personal Injury Attorney
If you have been injured, you may be able to recover compensation for your injuries. The Chicago personal injury attorneys at Moll Law Group can assist accident victims in determining an appropriate way to fight their case, and we are willing to do whatever is best for you. We can retain leading experts throughout the nation to present your case in settlement negotiations and at trial. We serve accident victims and their families in Naperville, Wheaton, Schaumburg, and communities throughout Cook County. Contact us at 312-462-1700 or use our online form to set up a free initial consultation.
See More Posts:
Bed-Sores Considered a “Never Event” by Center for Medicare and Medicaid Services, Illinois Injury Lawyer Blog, March 8, 2017.
Resident-on-Resident Sexual Abuse in Nursing Homes, Illinois Injury Lawyer Blog, April 3, 2017.
The Continuing Danger of Lead Paint in Chicago-Area Homes, Illinois Injury Lawyer Blog, March 10, 2017.