At Curcio & Casciato, our experienced Chicago dram shop attorneys handle personal injury cases involving drunk driving accidents and injuries sustained in other personal injury accidents caused by an intoxicated individual under the Illinois Dram Shop Act. If you were injured by a drunk driver or suffered personal injuries because of a patron’s intoxication, the personal injury lawyers at our law firm can help. Our Dram Shop lawyers in Chicago provide dedicated legal assistance to help victims who were injured or whose loved one was killed by drunk drivers and intoxicated patrons recover maximum compensation.
We handle complex dram shop cases involving bars, restaurants, taverns, or other establishments that served alcohol to a visibly intoxicated person or minor in violation of Illinois Dram Shop laws. Whether your personal injury case involves a drunk driver or the loss of a loved one, our Chicago Dram Shop liability attorney team will fight to ensure responsible parties are held liable for their negligence.
Contact our law firm today at 312-321-1111 to schedule your free consultation with a skilled Chicago drunk driving accident lawyer.
What is a Dram Shop?
A dram shop is any business or establishment that is licensed to sell liquor or alcoholic beverages to the public. This includes bars, restaurants, taverns, and liquor stores that provide or serve alcohol to consume on- or off-site.
Dram Shop Law Illinois
Illinois dram shop laws allow victims to pursue compensation from bars, restaurants, taverns, liquor stores, and other establishments that serve alcohol to a visibly intoxicated person or minor who later causes injury or property damage. These laws fall under the Illinois Dram Shop Act and apply to dram shop claims involving drunk driving accidents, assaults, or other incidents where alcoholic liquor was the cause of action.
Illinois Liquor Control Act
The Illinois Liquor Control Act is the state law that regulates the sale, distribution, and consumption of alcoholic liquor in the state. The state’s Dram Shop laws establish licensing requirements for bars, restaurants, liquor stores, and other establishments that sell alcohol, and outline statutes for who can consume, serve, and sell liquor. This also includes provisions related to dram shop liability, allowing injured parties to bring claims when an intoxicated person causes harm after being served alcohol.
Illinois Dram Shop Act Establishes:
The Illinois Dram Shop Act establishes the following:
Illinois Dram Shop Liability for Selling Alcohol
Dram shop liability for selling alcohol applies when a licensed bar, restaurant, or liquor store sells alcohol to a visibly intoxicated person or minor, and that individual later causes injury, death, or other damage. Under Illinois Dram Shop laws, establishments can be held liable for the consequences of the intoxicated person’s acts, even if they did not directly cause the injury/accident.
To succeed in a dram shop case, the plaintiff must provide proof that the defendant sold or served alcohol and that the alcohol caused the intoxication which led to the harm. The Illinois Dram Shop Act helps ensure that businesses take responsibility when their service contributes to personal injury cases or car accidents caused by a drunk driver.
Contact a dram shop liability attorney in Chicago for a free case evaluation to discuss your drunk driving accident case.
Social Host Liability: Illinois
Social host liability in Illinois generally does not hold private individuals liable for injuries caused by guests who consume too much alcohol on private property. However, social hosts can be held responsible for serving alcoholic liquor to minors.
In these Dram Shop cases, if the minor becomes intoxicated and causes injury, death, or other damage, the host may be held liable in civil court. Unlike the state’s Dram Shop Liability laws, which apply to licensed establishments under the Illinois Dram Shop Act, social host liability is narrowly defined and typically applies only when the defendant served alcoholic beverages to someone who is legally prohibited from drinking.
Illinois Dram Shop Limits
This refers to the statutory caps placed on the amount of compensation a plaintiff can recover in a dram shop liability case under the Illinois Dram Shop Act. These Dram Shop liability caps the damages resulting from an injury/accident caused by a drunk driver or intoxicated person, including injuries sustained, medical expenses, loss of support, or loss of society resulting from the drunk driving accident or personal injuries caused by an intoxicated person.
Illinois Dram Shop laws place restrictions on maximum settlements for any action involving persons injured or incurring property damage in a dram shop case. For claims filed between January 20, 2023, and January 19, 2024, the limitations are $77,787.30 for individuals and $95,073.37 for actions involving loss of support or loss of society resulting from death or injury.
This amount is automatically increased every year based on the consumer price index, reflecting the percentage change in inflation. Under the Illinois Dram Shop Act, victims must file claims within one year of the injury/accident, and the percentage equal to the current cap will limit recovery, regardless of the severity of harm. Because these limits can affect the outcome of personal injury cases, seeking legal assistance from a Chicago dram shop liability attorney is essential to determine the exact amount recoverable under the most recent liability cap.
Legal Options for Victims of Car Accidents Caused By Drunk Drivers in Chicago
Our Chicago personal injury law firm can assist with the following. To learn more, contact our personal injury lawyers for a free case evaluation to discuss your drunk driving accident case.
First Party Dram Shop vs Third-Party Dram Shop Cases
In dram shop cases, there are two types of claims: first-party and third-party legal actions. A first-party dram shop case involves cases where the intoxicated individual sues the establishment—such as a bar, restaurant, tavern, or liquor store—that served alcohol, claiming they consumed too much alcohol and were later injured.
However, under Illinois dram shop laws, first-party claims have significant limitations and are typically not allowed unless the plaintiff is under the legal drinking age.
A third-party dram shop liability case is legal action involving persons injured by an intoxicated driver in a drunk driving accident or other injury accident involving an intoxicated person, who then sues the bar or business that sold liquor to the intoxicated patron.
Under the Illinois Dram Shop Act, a third-party dram shop claim is the most common and allows injured victims or their families to pursue compensation for damages caused by an intoxicated driver or the patron’s intoxication.
Variations between these two types of cases are crucial when filing a Dram Shop action and determining who may be held liable under Illinois Dram Shop laws.
A Chicago Dram Shop lawyer from our law firm can investigate the case and help victims seek compensation for personal injuries, wrongful death, or other damages caused by the patron’s intoxication.
How to Prove Dram Shop Liability in Illinois
To prove liability under the Illinois Dram Shop Act and Liquor Control Act, a plaintiff must establish a valid cause of action by proving legal elements that show the defendant sold or served alcohol to an intoxicated patron whose intoxication caused harm. In Dram Shop cases, the plaintiff suffered damages, such as personal injuries, property damage, loss of support, or loss of society, due to the actions of a person under the influence.
These are all elements our injury lawyers are skilled at proving in court.
While plaintiffs don’t have to prove negligence, the court requires strong proof of serving too much alcohol to meet legal standards. This includes evidence of intoxication to show the defendant had knowledge of the person’s intoxicated state.
The business owners may be held responsible if their actions violate the state’s Dram Shop liability laws. A Dram Shop lawyer in Chicago can help gather evidence, anticipate defenses, and ensure that all legal obligations are met before trial. Legal action should begin promptly following the accident caused by the drunk driver or intoxicated person to protect your rights.
Who Can Be Sued In A Dram Shop Case in Illinois?
In a Dram Shop liability case under the Illinois Dram Shop Act and Liquor Control Act, several parties may be held responsible for injuries or damages caused by an intoxicated patron whose intoxication caused harm. A person or establishment that sold or served alcoholic beverages may be sued, including bar owners, restaurant owners, tavern owners, and liquor store owners.
Any establishments that sell liquor or serve alcoholic beverages to an intoxicated person or a person under the legal drinking age may be held liable. This includes vendors or distributors selling alcoholic liquor, as well as lessors of premises where the alcohol was sold or served. Businesses may face a cause of action when a plaintiff suffered damages after being injured by an intoxicated individual. Under the state’s Dram Shop liability laws, these entities can be named in a Dram Shop action and sued for their negligence.
Contact a Chicago Dram Shop liability attorney from our law firm for a free consultation to discuss your Dram Shop case.
How Long Do People Have to File a Dram Shop Lawsuit in Illinois?
Under Illinois Dram Shop laws, the statute of limitation to file a claim is one year from the date the injury or accident caused by the intoxicated person occurred. This deadline applies to all Dram Shop cases brought under the Illinois Dram Shop Act, including claims for injuries, vehicle damage, loss of support, or loss of society. If a claim is not started within that one-year period, the injured party may lose the ability to seek compensation, regardless of the severity of harm or available liability limits. Because Dram Shop cases are strictly time-sensitive, it’s essential to act quickly and consult a Dram Shop attorney in Chicago as soon as possible.
How Our Chicago Dram Shop Attorneys Help
Filing a Dram Shop Claim in Chicago, IL
Our Dram Shop lawyers in Chicago help injured victims navigate the complex process of filing claims under the Illinois Dram Shop Act and Liquor Control Act. We investigate whether an establishment sold or served alcoholic beverages to an intoxicated person or a person under the legal drinking age, gather evidence, and build Dram Shop cases proving the client suffered damages due to an intoxicated patron whose intoxication caused harm.
Our Dram Shop attorneys in Chicago also ensure the claim is started within the one-year statute and calculate recovery. By handling the claims process, our Dram Shop liability lawyers in Chicago help clients seek full compensation for injuries sustained.
Negotiating With Illinois Dram Shop Insurance Companies
Negotiating with defendants’ insurance companies requires a clear understanding of the Illinois Dram Shop Act, applicable liability limits, and the evidence needed to prove that a bar, tavern, or establishment sold or served alcohol to an intoxicated person whose intoxication caused harm.
Insurers often try to minimize payouts or dispute claims, making it essential to present strong proof of the client’s damages and the establishment’s role in the injury/accident case. An experienced Chicago Dram Shop lawyer can protect clients’ legal rights and pursue fair compensation on our clients’ behalf.
Securing Dram Shop Settlements for Drunk Driving Accident Victims
Chicago Dram Shop lawyers help secure settlements by gathering strong evidence that the bar, restaurant, tavern, or commercial establishment served alcoholic beverages to an intoxicated person or minor, and that the client suffered damages as a result.
Our personal injury lawyers calculate damages within the applicable liability limits under the Illinois Dram Shop Act, handle negotiations, and challenge any defenses raised by the establishment. Our Chicago Dram Shop attorney team increases the likelihood of reaching a fair settlement without going to trial, allowing injured victims to recover compensation more quickly.
Chicago Dram Shop Lawyer
If you’ve been injured due to the actions of an intoxicated person, a Chicago Dram Shop lawyer can help you pursue a claim under the Illinois Dram Shop Act. With strict deadlines and specific legal requirements under Illinois Dram Shop laws, experienced legal guidance is essential to secure the compensation you deserve.
Contact our law firm to schedule a free consultation with a skilled Dram Shop lawyer in Chicago, IL.
