The Personal Injury Process in Illinois

1. The Plaintiff is Injured

If you are in an accident and suffer injuries, your first step should always be to get the medical treatment you need. This is important for both your physical health and for a potential injury case if someone else was responsible for the accident. If you are contacted by the liable party’s insurance company, only give them minimal information, and avoid discussing details about what happened or your injuries. Instead, contact a qualified personal injury lawyer who can take over these communications.

2. Hires an Attorney

When you find an injury attorney you think is right for you, they should schedule a free initial consultation with you. You will discuss the specific terms of your representation, including how the contingency fee arrangement works. You should sign a representation agreement and always ensure you understand the details of how the process works.

3. Complaint is Filed & Served on Defendant

If your attorney believes that a personal injury lawsuit is necessary in your case, they will prepare your complaint, including all the relevant facts and legal assertions, as well as naming the liable parties as defendants. Once the defendant receives notice of the complaint and summons, the case is officially initiated.

4. Pretrial Litigation

The litigation process has many steps before you go to trial in court, which includes discovery. During discovery, your lawyer will request information from the defendant’s attorney through interrogatories, requests for evidence production, and depositions. Your attorney might file pretrial motions for the court to rule on certain legal and evidentiary matters, or they might have to respond to motions filed by the defendant. Discovery and pretrial hearings set the stage for the rest of litigation.

5. Settlement or Trial

The large majority of personal injury claims are resolved by a settlement agreement prior to trial, and both attorneys will likely work hard to settle the matter via negotiations. Your attorney will use all the information gathered during discovery, as well as the judge’s rulings on pretrial motions, to incentivize the other side to agree to a favorable settlement offer. If no agreement can be reached, the matter will proceed to trial.

6. Trial Preparation

Going to trial requires a significant amount of preparation on the part of your legal team. We will gather all possible evidence to support your claims, including witnesses and expert witnesses, when needed. We will discuss trial strategy with you and discuss your possible testimony before the jury. Having the right injury litigator on your side is critical to success at trial.

7. Trial

Injury lawsuits might proceed to a jury trial, which involves presenting your claims and supporting evidence to a jury of your peers, as well as in front of the presiding judge. The defendant will also have the chance to present evidence to challenge your claims, which can involve challenging liability or your stated damages. Trials must follow strict guidelines and rules, which your attorney should be thoroughly familiar with.

8. Settlement Negotiation or Trial Verdict

When both sides finish presenting their cases in court, you can have one more settlement negotiation session, as the defendant might decide to settle based on your lawyer presenting a strong case at trial. If there is still no settlement agreement, the jury will deliver its verdict regarding whether the defendant should be liable and, if so, how much you should receive.