Lawsuit Venue-Dispelling Old Myths
In law and litigation, “venue” describes the county or district in which a case must be heard. Unfortunately, there are many preconceived notions and myths about venue, typically involving juries and what they will or won’t do. For example, one common myth in Illinois is that the county in which a case is heard determines whether a victim will receive justice, and in Illinois, victims/injured plaintiffs can only get a fair trial in Cook County.Recent Justice in DuPage and Kane Counties
However, two recent cases demonstrate just how this is a myth: In DuPage County, a jury awarded an a woman who lost her unborn child due to negligence by staff at a Naperville hospital $11.5 million in a medical malpractice case. In addition, in Kane County, injury lawyer John Perconti recently settled a trucking accident/wrongful death lawsuit for $6.5 million. Our client, his wife and their three-year-old son were driving to a pumpkin patch on Halloween when a trucker driver, who was under the influence of marijuana and driving an unsafe, overloaded semi-truck, barreled into the rear of our client’s pick-up truck. As a result, his 32 year-old wife died at the scene, and our client and his son suffered significant personal injuries. The family received $4.7 million for the wrongful death of our client’s wife, $1.5 million for his injuries, and $300,000 for the personal injuries his young son endured. The wrongful death portion was the largest wrongful death settlement recorded in Kane County.Research and Representation Count
These recent cases demonstrate that preconceived notions about lawsuit venue are unproven and often become self-fulfilling prophecies. In reality, the only way to understand the influence that venue can and will have is to perform jury research in the county where the case will be tried. What attorneys have settled cases for in the past does not predict what juries will do.
In fact, we are confident that clients who are injured or have had loved ones die due to someone else’s negligence or an intentional act will receive fair and reasonable compensation when they are represented by attorneys who possess the appropriate experience, knowledge and resources.This Also Applies to Settlements
When it comes to settling with insurance companies, being in a “more conservative venue” also will not stop an insurance carrier from going to settlement for the same amount as any other venue; again, if you have a good case, then you have a strong case, regardless of venue. This is especially true for medical malpractice cases, which often go to settlement.Levin & Perconti
Since 1992, the attorneys at Levin & Perconti have successfully resolved cases for clients in courts throughout Illinois. Our experienced lawyers do not let location hinder our efforts, and we will never settle a case for less than it is worth because of venue.
If you have suffered a personal injury, or a loved one has died due to negligence in Illinois, call us at 312-332-2872 or 877-374-1417 to discuss your legal options. You may also complete our personal injury contact form and an attorney will call you back shortly.