Having spent over 25 years advocating for people as a personal injury attorney, I’ve become intimately familiar with the flaws within the insurance industry, which is why I frequently speak out about its problems. Generally, insurance companies are very calculated in how they approach each case; it goes without saying that they will do anything in their power to avoid paying a settlement. They’ll put up bureaucratic red tape, delay processes as long as they can, and, in the most extreme of circumstances, even try to out-wait the plaintiff so that they die before they can go to trial.
This is where a new Illinois Bill, which mandates preferential trial settings in pending and future cases, comes into play. This Bill, which was passed in late 2023, is terrific for plaintiffs and will have a massive influence in how personal injury cases will be handled moving forward.
So let’s go over what it is, how it can be applied, and some real-world examples.
What is preference in setting for trials?
Preference in setting for trial is a law that essentially guarantees a trial for a person over 67 years of age within one year. It aims to expedite court proceedings and cut through red tape so that aging plaintiffs are able to have their day in court. It also grants preferential trial settings for plaintiffs that suffer significant physical or financial hardships, regardless of age, within one year. However, it does not explicitly define what qualifies as physical or financial hardships, so those cases can be made by a seasoned attorney.
Previously, the law allowed those that reached the age of 70 to have preferential trial settings, although it did not specify that it had to be within one year of the motion’s hearing.
Why preferential trial settings matter
There’s a reason why I brought up how insurance companies love delaying court cases. Well, in the event that a plaintiff, their spouse, or next of kin are experiencing financial or physical hardships, or if they are 67 years old or older, they have the opportunity to go to trial within one year. The insurance companies can no longer delay proceedings indefinitely to avoid a payout. It’s morbid to think, but the incidence of lawsuits, and thus payouts from insurance companies, drastically decreases when the plaintiff dies. After all, the longer the insurance company holds your money, the more money they can make by investing it; and if they can delay proceedings until after your death to hold onto that money, they’ll do it.
Preferential trial settings in action
I am on the Board of the Illinois Trial Lawyers Association. It’s a terrific organization that helps all plaintiffs and their attorneys. Our President, recently published a letter in the Chicago Daily Law Bulletin that gave a handful of examples of preferential trial settings in the real world:
- An 80-year-old widow, who witnessed her husband’s death and suffers from the trauma, is now able to seek justice.
- A 96-year-old man fractured a hip when the casino bus’ door closed on him.
- A woman who was exposed to chemicals at work is now terminally ill with blood cancer, but she and her teenaged children will be able to seek damages.
In all of these situations, the plaintiffs are surely entitled to seek damages from their respective at-fault parties, despite the fact that they may not have much time left at the end of their lives.. That is why the recent preferential trial settings expansion matters so much.
This is a just law that gives a modicum of power to everyday, elderly people, yet Illinois is only one of five states that have something similar on the books. Companies will fight tooth and nail to backtrack this expansion of the law; and that’s why it’s so critical to understand your rights.
Lewis Law Firm fights for your rights no matter your age
Any seasoned personal injury attorney is aware of how preferential trial settings affect plaintiffs, but unfortunately many clients do not. It’s of the utmost importance for you to understand that you have a chance at winning regardless of how many more years you have left to live. Your spouse or next of kin are entitled to seek the justice that you deserve and win some form of monetary security.
So whatever your situation is, don’t lose hope. Give me a call today for a free consultation and to find out if you are entitled to significant money damages.
