Unique Jurisdictional Issues for Tourist Injuries in Chicago

Chicago is one of the most diverse states in the U.S. and one of the most popular travel destinations.

People come from all over to experience music festivals or check out the theatre scene. 

They pack themselves onto the Chicago Riverwalks and navigate the historic streets. The world-class attractions draw tourists in their numbers, and Chicago welcomes them with open arms. 

However, travel often comes with unforeseen accidents, especially in busy states like Chicago. 

If you are touring the city and get injured for whatever reason, it is vital to remember that jurisdiction applies in tourist injury cases. 

This means it may be difficult to receive compensation because of several jurisdictional issues. 

What Is Jurisdiction And Where Can You File a Lawsuit?

If something happens and you cut your visit short due to injury, it is crucial to understand the following. 

Firstly, jurisdiction refers to the court's authority to hear and decide a case. If you sustain an injury as a tourist, an important question arises: Which court, whether in Chicago or your home state, is legally required to hear your case? 

The factors that determine jurisdiction include: 

• The site or location of the injury: If you sustained the injury in Chicago, it is more than likely that a Chicago court will hear your case. 
• Where the defendant lives: If the person who injured you lives in Chicago, a Chicago court will likely have jurisdiction. 
• Minimum contacts: If the defendant is not from Chicago, the court might still have jurisdiction if minimum contacts with the state exist. This means anything from Illinois advertising or having a business presence there.

Remember that while it is good to understand these factors, more come into play with personal injury cases. It is always a good idea to consult a personal injury lawyer experienced in tourist injury cases. 

Chicago Vs. Home State

Your lawyer will advise you on the advantages of filing your lawsuit in Chicago vs. your home state. While you may have a choice, it is important to consider the pros and cons of each option. 

For instance, if you file in Chicago where the injury happened, you have witnesses and accident scene evidence readily available. This will come in handy for your lawyer to investigate and prepare your case. 

Moreover, Chicago lawyers are intimately familiar with the state’s personal injury laws, which can only increase your chances of a successful outcome. 

However, remember that you will most likely pay more to file your case in Chicago than in your home state. Plus, you must include traveling to court appearances and meetings with your lawyer.

It may also be daunting to try and file a case in a place you do not know very well while trying to recover from your injury.

On the other hand, filing in your home state may mean reduced legal fees and court costs. You will likely be more familiar with the legal process where you live, and it would be easier to meet with a local lawyer and attend local court sessions.

The problem is that you need to travel to Chicago anyway to gather the required evidence. You will also have to meet with eyewitnesses to get their statements.

Furthermore, if you transfer your personal injury case to your home state, you will inevitably experience delays in resolving your claim. However, if you want to move your case, the defendant must also have minimum contact with your home state.

Choosing where to file your claim will ultimately depend on how much money you want to spend traveling back and forth. Discuss these pros and cons with your lawyer to find the best solution. 

Unique Jurisdictional Issues

You and your lawyer will also have to consider the following: 

• Shortened stays will impact your decision to file a lawsuit in Chicago. Limited time spent in the state might not be enough to get through your court case. 
• Out-of-state witness testimony is expensive and can take a long time to complete. This will impact how long your case takes to resolve. 
• Moreover, if the defendant holds insurance with a foreign company, it instantly becomes more difficult to get a court judgment. 

Additional Considerations

Remember the statute of limitations wherever you file your personal injury case. If you miss the deadline, you cannot file your claim. 

You must also keep every medical record from the hospital or doctor. These records become crucial evidence in personal injury cases, so your lawyer needs a copy. 

Finding a Lawyer

Speaking of your lawyer, you must choose a legal representative with a proven track record of success. Especially when it comes to tourist injuries in Chicago. Your chosen lawyer should be on top of all the laws and regulations that apply in your case. They should be responsive and patient, answering questions clearly and addressing any concerns you may have. 

Make sure that you understand your lawyer’s rates and additional charges. These costs include fee structures, hourly rates, and filing fees. 

Also, if English is not your first language, choose a firm that can converse comfortably with you in your home language. This is crucial for understanding the different legal terms and concepts that apply to your case. 

Insurance Considerations

Review your travel insurance policy to see if it covers medical expenses. Specific travel policies may even cover some compensation for injuries if you travel to Chicago from another country. 

Furthermore, your lawyer will investigate the at-fault party’s insurance coverage. Doing this will help your lawyer negotiate a fair settlement on your behalf. 

The Outcome of Your Tourist Injury Case

Your case may conclude with an out-of-court settlement. Most personal injury cases are settled out of court. But, if no settlement is reached, your case will go to trial. 

Before you even get to a settlement or trial, seeing your case through will likely be overwhelming. You will have to attend court dates and meet with your lawyer regularly while still getting checkups as you recover from your injury. 

This is why it is crucial to find a lawyer who will represent you every step of the way and understand all jurisdictional factors that apply to your case.

ABOUT THE AUTHOR

Fred Felton          

Content Creator / Editor

Fred Felton is a copywriter, editor and social media specialist based in Durban, South Africa. He has over 20 years of experience in creating high end content. He has worked with some of the biggest brands in the world. Currently Fred specialises in the winter outdoors space, focussing on skiing and snowboarding. He is also a keynote speaker and has presented talks and workshops in South Africa.