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As a defendant in a civil lawsuit you can face financial risk, disruption to your business and uncertainty. In Illinois civil cases can involve contract disputes, business disagreements, property conflicts, claims for damages and many other kinds of issues. Defendants have several options for responding, including disputing allegations, asserting affirmative defenses, moving for dismissal where appropriate, negotiating a settlement, or preparing the case for trial. Starting early can help you preserve key defenses and avoid missing court deadlines.
You can start to build a strong defense by learning what the plaintiff has to prove and reviewing the facts and evidence that support each claim. Depending on the circumstances, a defendant can challenge the plaintiff’s account of the facts, assert that the law does not support the claim, raise affirmative defenses, or bring a counterclaim. Another important facet of discovery is the ability of each side to request documents, obtain information, and take depositions. While many civil disputes are resolved before trial, a thorough preparation of a case from the beginning places a defendant in a stronger position, regardless of whether the case is resolved by negotiation, a court judgment, or a trial.
O’Flaherty Law represents individuals, business owners and organizations involved in civil disputes in Waukegan and throughout Illinois. Our attorneys work with clients to understand what is at stake, identify practical options and devise a strategy based on the circumstances of the case. We emphasize straightforward communication and helping clients make informed decisions throughout the litigation process, whether the goal is to defeat a claim, minimize potential exposure, reach a reasonable settlement or try the case.
Please contact our friendly lawyers to Schedule a Consultation.
The purpose of a consultation is to determine whether our firm is a good fit for your legal needs. Although we often discuss expected results and costs, our attorneys do not give legal advice unless and until you choose to retain us.
33 N. County St., Ste. 505
Waukegan, IL 60085
I am personally committed to ensuring that each one of our clients receives the highest level of client service from our team. Our mission is to provide excellent legal work in a cost-effective manner while maintaining open lines of communication between our clients and their attorneys. Many of our clients are going through difficult times in their lives when they reach out to us. They should feel comfortable leaning on the experience and knowledge of our attorneys as their counselors and advocates. We are here to help!

Read the summons and complaint very carefully. Note the deadline to respond. In many civil cases in Illinois, the defendant must file an appearance, answer or other appropriate response within the time stated in the summons. If you don’t respond to the lawsuit, you risk a default judgment. It is also important to preserve documents, emails, contracts, photographs and other evidence that may be relevant to the dispute.
Perhaps. Before a case goes to trial, some suits can be challenged by motions. The arguments that are available depend on the allegations, the law that applies, the evidence and the procedural history of the case. Even if a whole lawsuit cannot be dismissed, some claims or issues may be resolved before trial.
Yes, in some cases. If the defendant has a valid legal claim of his own he may be able to file a counterclaim against the plaintiff. Whether a counterclaim is appropriate depends upon the facts of the dispute and Illinois procedural rules . An early assessment of potential counterclaims can be an important part of developing an overall defense strategy.