Agreement Arbitration Document For Medical Malpractice In Cook
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Under Rule 25, commercial and personal injury cases with damages valued at less than $50,000 and that do not involve claims of medical malpractice, asbestos, construction, nursing home, and product liability are automatically referred to mandatory arbitration.
Under Rule 25, commercial and personal injury cases with damages valued at less than $50,000 and that do not involve claims of medical malpractice, asbestos, construction, nursing home, and product liability are automatically referred to mandatory arbitration.
In some instances, you may be able to sue if you signed a valid arbitration agreement. While courts generally favor arbitration agreements, they will allow you to file a lawsuit if either you didn't understand your rights or your claims fall outside the arbitration provision's scope.
If you are in a contract containing an arbitration clause naming the AAA Rules, you may still be able to bring your dispute in small claims court instead of arbitration, as long as the claim falls within the jurisdiction requirements of the small claims court.
Never say anything to an arbitrator unless you are 100% sure it is correct. If you don't know the answer to a question, simply say, “I don't know the answer but will get it for you promptly.” Arbitrators respect lawyers who can zealously advocate for their clients and work out procedural issues with opposing counsel.
As of January 1, 2025, Public Act 103-0671 has amended Illinois 735 ILCS 5/2-202 to allow private licensed process servers to serve defendants in Cook County, without having to go through the Cook County Sheriff's Office first.
25.9. The hearing for a "standard" arbitration must be completed within 150 days of the order of Referral to Mandatory Arbitration and the hearing for an "expedited" arbitration must be completed within 90 days of the order of Referral To Mandatory Arbitration.
If you do not attend the arbitration hearing and do not arrange for it to be rescheduled, the hearing may be held without you. The arbitrator can decide the case without hearing from you. The court may also order sanctions against you, which could include a fine for failing to attend the arbitration hearing.
Proving causation is often the most difficult element of a medical malpractice case. However, it is not impossible. With the help of an experienced medical malpractice lawyer, plaintiffs may be able to overcome the challenges of proving causation and win their cases.
Healthcare arbitration agreements are written agreements between patients and healthcare providers that state that any dispute that arises will be handled through arbitration. The patients sign the agreement before a procedure or treatment.