Alcohol-Related Injury Claims in Chicago

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Main Types of Alcohol-Related Injury Claims in Illinois

Alcohol-related injury claims allow injured people to pursue compensation from multiple sources, not just the intoxicated person who caused the harm. These cases often involve drivers, bars, property owners, or adults who allow underage drinking. Here are the key types of claims when alcohol causes injury in Illinois, explained:

1. Suing the Drunk Person (Negligence) 

This is the most common and easiest idea to understand. If someone drinks too much and then causes an injury—like hitting someone with their car, or pushing someone down—they are legally at fault.

• What it means: The law says every driver must be careful. When someone chooses to drink and drive, they are choosing to be careless.
• The Claim: We file a claim against the drunk person for their negligence (their failure to be careful). Their car insurance often has to pay for the injuries, medical bills, and pain they caused.
• The Problem: Sometimes the drunk driver does not have enough insurance, or they don’t have any money to pay. That is when we look at the next four claims.

2. Suing the Bar or Restaurant (Dram Shop Law) 

Illinois has a special law called the Dram Shop Act. This law says that a business that sells alcohol can be held responsible if they served liquor to someone who then caused an injury.

• The Big Idea: This law holds the business responsible for the actions of their customers. Bars and restaurants must be careful not to over-serve someone who is already drunk.
• How it Works: If a customer drinks too much at a bar, leaves, and crashes into your family’s car, you can sue the drunk driver and the bar that kept serving them drinks.
• Why it Matters: The bar has special insurance to pay for these mistakes. This claim is vital when the drunk driver’s own insurance is too low to cover serious injuries.

3. Suing the Property Owner (Premises Liability) 

Sometimes, the injury happens inside the bar or restaurant, not out on the road. The law says that businesses must keep their customers safe from known dangers.

• The Claim: You can sue the bar for Negligent Security. This means the bar did not have enough security or did not act fast enough to stop a fight they knew was going to happen. The alcohol made the situation worse, and the bar owner failed to step in and keep people safe.
  • Example: A bar keeps serving two customers who are arguing loudly. The fight gets worse, and one customer punches a bystander.

4. Suing the Adult Host (Underage Drinking) 

This claim is different because it usually involves a party at someone’s home. In Illinois, you generally cannot sue a person who serves alcohol to an adult guest in their home. However, the law is very strict when minors (people under 21) are involved.

• The Rule: If an adult (like a parent) knowingly allows people under 21 to drink alcohol in their home or on their property, that adult can be sued if an injury happens because of that drinking.
  • Example: A parent lets their 16-year-old host a party where kids drink beer. A drunk 16-year-old leaves and wrecks a car. The parent who hosted the party can be held responsible for the injuries that crash caused.

5. Suing Multiple Parties (Multiple Claims) 

Often, we don’t just file one claim. We file several at the same time to make sure our client gets all the help they need.

• Layering Claims: If a drunk driver hits someone, the lawyer will likely file three claims at once:
  • A claim against the Drunk Driver (for negligence).
  • A claim against the Bar (using the Dram Shop Act).
  • A claim against the Property Owner (if the bar is renting the space).
• Getting Paid: This strategy is important because it gives the injured person the best chance to get enough money to cover their very expensive medical care, their lost work time, and their pain and suffering.

The 8 Steps of an Alcohol Injury Case

These cases can take a long time, so it helps to see the process. This timeline shows the basic steps your lawyer takes after someone is hurt in an alcohol-related accident.

Step 1: The Event & The Doctor 

This is when the injury happens (the crash, the fight at the bar, etc.).

• Action: The most important thing is getting to the doctor right away! This helps you heal and creates the official medical record that proves you were hurt because of the accident.
• Police: The police also create a report that says who was drinking and who was at the scene.

Step 2: Investigation & Evidence 

Your lawyer starts working right away, even if you are still healing. This is the fact-finding stage.

• The Hunt: We collect the police report, all your medical records, and talk to witnesses.
• Dram Shop Search: If we think a bar is involved, we look for security videos, server schedules, and receipts to prove they over-served the drunk person.

Step 3: Making a Demand 

Once you are done with most of your medical treatments, your lawyer calculates all your costs. This includes medical bills, lost wages, and money for your pain.

• The Demand Letter: Your lawyer writes a letter called the demand to the insurance companies (the drunk driver’s and the bar’s). The letter asks for a specific amount of money to settle the case.
• The Offer: The insurance company usually writes back with a very low offer. This starts the negotiation game.

Step 4: Filing the Lawsuit (The Official Start) 

If the insurance company won’t offer a fair amount of money, your lawyer files a lawsuit (a Complaint) with the court.

• In Court: This means the case is now officially in the court system.
• Serving Papers: The court sends official papers to the drunk driver and the bar, telling them they are being sued. They then hire their own lawyers.

Step 5: Discovery (Exchanging Secrets) 

This is the longest stage. Discovery is when both sides ask each other tough questions and exchange all their documents.

• Interrogatories: Both sides send written questions to the other, which must be answered under oath (meaning you promise they are true).
• Depositions: This is a formal interview where lawyers ask witnesses and you questions in person, with a court reporter typing every word.

Step 6: Mediation (The Negotiating Table) 

Before a case goes to a jury trial, a judge often asks both sides to try mediation.

• The Mediator: A neutral person (a third party) tries to help the lawyers agree on a final amount of money so they can avoid the cost and stress of a trial.
• Agreement: Most cases settle (an agreement is reached) during or soon after this step.

Step 7: Trial or Settlement 

The case finally ends in one of two ways:

• Settlement: Both sides agree on a dollar amount. Everyone signs the papers, and the case is closed forever.
• Trial: If they can’t agree, the case goes to a jury, and the jury decides if the defendant is at fault and how much money should be paid.

Step 8: Getting Paid 

• Check Time: it can take weeks, up to a month, for the settlement papers to be completed and get the check from the insurance company. Your lawyer then deducts their fee (the percentage you agreed to) and any costs they advanced for your case. Next, the lawyer uses it to pay off all the doctors and hospitals first. Finally, the lawyer will give you a detailed settlement statement for you to review and sign, before handing you the settlement check you are entitled to.

Contact Our Illinois Alcohol-Related Injury Lawyers

If you or a family member was hurt in an alcohol-related incident, Kolb Law can help you pursue every available claim and secure the financial support needed for recovery. We review your case, explain your options clearly, and guide you through the next steps with care and transparency. Contact us today.