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Ely
Ely, Counselor at Law
Category: Personal Injury Law
Satisfied Customers: 87575
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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where can I get a sample "complaint" form for filing a personal

Resolved Question:

where can I get a sample "complaint" form for filing a personal injury claim in Cook County, Chicago, Ill ?- I am the plaintiff and want to file pro se
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  Ely replied 1 year ago.
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:

(INTRO)
NATURE OF ACTION (negligence)
PARTIES
VENUE
FACTS
COUNT ONE - NEGLIGENCE
PRAYER

(signatures)

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.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 1 year ago.

Thank you for responding but the complaint form you sent was not one for personal injury, but contract - please forward a sample complaint of a negligence case - mine is a slip & fall in a bath tub case against the Chicago Hilton - please respond @ your earliest convenience - XXX XXXXX

Expert:  Ely replied 1 year ago.
Joe,

There is not necessarily a "slip and fall" claim sample online - these are individually drafted and not every nuance may have a sample corresponding to it.

What I can do is provide a sample here that is more similar to an accident.

Now, what you can then do is MODIFY the COUNT ONE and to include negligence.

Let me know if you want me to show you what this would look like by using the REPLY button.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 1 year ago.

Yes - I would appreciate what count 1 would look like w/ the negligence reference - also, since this is a claim against the Chicago Hilton (Hilton World Wide, Inc.) does there have to be a reference in the complaint relating to a particular Illinois "innkeeper' statute mandating a higher standard of care for guests? Thanks - Joe

Expert:  Ely replied 1 year ago.
Hello,

Yes - I would appreciate what count 1 would look like w/ the negligence reference

Sure.

also, since this is a claim against the Chicago Hilton (Hilton World Wide, Inc.) does there have to be a reference in the complaint relating to a particular Illinois "innkeeper' statute mandating a higher standard of care for guests?

I am going to include this in the example so you know what I mean. Please give me a second to provide it; apologies for the momentary wait in advance.
Expert:  Ely replied 1 year ago.
COUNT ONE - NEGLIGENCE

A guest in a hotel is an invitee. An invitee is one to whom defendants owe a duty to maintain the premises in a reasonably safe condition and to warn of dangerous, nonobvious conditions. Geraghty v. Burr Oak Lanes, Inc. (1955), 5 Ill.2d 153, 157; Ellguth v. Blackstone Hotel, Inc. (1951), 408 Ill. 343, 347.

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).


The Plaintiff was a guest invitee at the hotel and was injured due to the property being in an unsafe condition and Plaintiff having not been warned by the Defendant.

As such, the Defendant is thus liable for negligence as if the Defendant had exercised their duty properly as the owner to the Plaintiff invitee, the Plaintiff would not have been injured.

- - -

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely, Counselor at Law
Satisfied Customers: 87575
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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