Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight
delay between your follow ups and my replies.
First of all, understand that the vast majority of injuries are pursued under the negligence
tort. Allow me to explain.
To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state. Every cause of action has its own elements, and each element has to be satisfied for a cause of action to be successful in court.
So here, this may be "negligence." The essential elements of a cause of action based on common law negligence may be stated briefly as follows: the existence of a duty owed by the defendant to the plaintiff, a breach of that duty, and an injury proximately caused by that breach. (Kirk v. Michael Reese Hospital & Medical Center (1987), 117 Ill.2d 507, 525; Mieher v. Brown (1973), 54 Ill.2d 539, 541. See also W. Keeton, Prosser & Keeton on Torts § 30, at 164-65 (5th ed. 1984).)
So here, you are likely seeking to file a suit advancing the negligence
cause of action.
This would be in the Circuit Court. To see a complaint, see here
. Yours does not have to be that long at all, and may simply be the following:
NATURE OF ACTION (negligence)
COUNT ONE - NEGLIGENCE
I hope this helps and clarifies. Let me know if you have any questions on this, and/or, how to actually FILE the complaint in Cook County.
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