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Personal Injury: September 2013 Archives

Settlement Law Enacted - Timely Settlement Payments In Injury Lawsuits To Be Mandated By Statute

Effective January 1, 2014, 735 ILCS 5/2-2301 "Settlement" takes effect. In essence, this portion of the code of civil procedure is aimed at making sure that once a settlement is reached in a personal injury case (say, a car accident, slip and fall, medical malpractice case, wrongful death, or similar) the settlement is wrapped up quickly, with a timely payment to the recovering party. In the past, it was common for settling defendants to drag their feet in finalizing the terms of a settlement, or making the payment, as the plaintiff is often in a "limbo" state where the case is not going to proceed further, but they still have not received their compensation. This statute will end that practice. For example, the new section makes clear: A settling defendant shall pay all sums due to the plaintiff within 30 days of tender by the plaintiff of the executed release and all applicable documents... The full text of this new section of the code, which is very favorable to injured victims who brought personal injury suits to enforce their rights, can be found by clicking here.

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