Chicago, IL asked in Admiralty / Maritime for Illinois

Q: In a Maritime case filed in Illinois, what, if anything, must litigant file before filing complaint?

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1 Lawyer Answer
T. J. Jesky
T. J. Jesky
Answered
  • Chicago, IL
  • Licensed in Illinois

A: In order to prevail under maritime law you need to prove negligence. This involves convincing a judge and/or jury that the defendant failed to take action that should have been taken, or by proving that the defendant did not apply proper safety measures. A person is considered liable for all damages caused by their negligence for not doing what a “reasonable” person would have done under similar conditions.

That being said, you should first contact the wrong-doer to see if they will settle the damages you incurred.

Failure to settle, you need to build your case to prove negligence before you file a complaint.

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