The personal injury and commercial litigation attorneys at Speers, Reuland & Cibulskis, P.C. provide focused, thorough representation to individuals and businesses in Aurora and the surrounding communities in Northern Illinois. We save many Aurora area residents the effort of going to downtown Chicago to find qualified and capable lawyers.
If you are visiting our site, you or a loved one may have already been involved in an accident, or you may face a business-related dispute. Here, we explain a few topics not already covered on our personal injury, wrongful death, and business and commercial litigation pages. To speak with an attorney at Speers, Reuland & Cibulskis, P.C. in Aurora, please contact our offices for a free initial consultation.
Will I Have to Go to Court If I File a Claim for Injuries or Damages?
We understand that going to court is a daunting proposition for many of our clients. Thus, we will aggressively and strategically negotiate with insurance companies and/or the opposition’s attorney(s) to achieve an offer that reflects what your case is worth. If you wish, you may settle for this amount and avoid going to court. If, however, an insurance company or at-fault party refuses to settle for an acceptable amount, it may be in your best interests to proceed to trial.
Our personal injury and business attorneys are confident litigators able to effectively present cases to judges and juries at trials. We advise against retaining a lawyer who is only interested in settling cases, as you may not receive maximum compensation for your damages. We believe it is better to hire a lawyer who can represent you all the way through a trial if that is what is necessary to maximize your recovery or protect your rights.
Who Is “Next of Kin” in an Illinois Wrongful Death Lawsuit?
In Illinois, a wrongful death lawsuit must be brought by a victim’s personal representative on behalf of his or her surviving spouse and “next of kin.” “Next of kin” refers to the people most closely related to the victim at the time of his or her death. A surviving spouse and any children of the victim are the first level of “kin,” and are generally entitled to the full amount of a wrongful death award if a claim is successful. The next level of “kin” includes a victim’s parents and siblings. Accordingly, if a victim had no spouse or children, wrongful death compensation will pass to parents, brothers, and sisters.
Once a surviving family member is found to be “next of kin,” more distant relatives cannot recover wrongful death compensation. For example, if a victim is survived by child, whether or not the child was born before the victim’s death, the child will be entitled to the entire amount of a wrongful death award, even if the victim is also survived by dependent parents or siblings.
What Does It Mean to Have an Arbitration Clause in a Contract?
An arbitration clause in a contract requires the contracting parties to resolve any disputes they may have through an arbitration process rather than litigation. The parties may further agree upon a neutral third party who will act as arbitrator in the event of a conflict.
Many businesses choose to include arbitration clauses in contracts, as arbitration can be fast, easy, and flexible compared to litigation. Robert L. Speers has served as an arbitrator in numerous cases in Kane County, and is highly qualified to assist you or your organization in arbitration proceedings.