Filing a personal injury lawsuit in Illinois involves few important steps. This is where the help of Illinois personal injury attorneys comes into play. As an attorney handling these types of cases, I often guide my clients through this process from start to finish. Here’s a better overview of what is involved with it.
Initial Consultation
The first step is an initial consultation with me. During this meeting, I will listen closely as the client describes what happened, how they were injured, and the effects the injury has had on their life. I will also ask questions to get a full understanding of the relevant details.
My priority is determining whether the client has a viable personal injury claim under Illinois law. Key factors I assess are:
- Negligence – Was there clear negligence on the part of the other party?
- Damages/losses – What financial, physical, and emotional losses did the client suffer due to the injury?
- Time limits – Has too much time passed since the injury occurred? Illinois has strict statutes of limitations.
If I believe there is a strong basis for a personal injury claim, I will explain the litigation process and my attorney fees/costs. As the best car accident lawyer Chicago, I can also provide an estimate of the potential settlement value.
Pre-Lawsuit Investigation
Before filing the lawsuit, further investigation is needed to build the strongest case possible. This can involve getting official records related to the injury incident, interviewing witnesses, consulting expert witnesses, documenting income loss and medical expenses incurred, etc.
I may also attempt to negotiate an out-of-court settlement with the other party’s insurance company during this stage. However, if they do not offer fair compensation for my client’s damages, then moving ahead with a lawsuit is warranted.
Drafting the Complaint
The complaint is the formal legal document filed in court specifying why the plaintiff (my client) is entitled to compensation from the defendant (the alleged negligent party). It will lay out details like:
- The circumstances that caused the injury
- The specific counts the defendant is being charged with (negligence, negligence per se, etc.)
- An itemization of all damages the plaintiff has suffered
Filing with the Court
Once I have finalized the complaint document, I will file it with the circuit court in the county where the incident occurred or where the defendant resides. This officially opens the personal injury case in the Illinois court system.
Serving the Defendant
Under state laws, the defendant must receive an official summons along with a copy of the complaint. I will arrange professional service of process to handle this task. The defendant then has 30 days to respond with their own filing.
The Litigation Process
From here, the case enters the litigation phase which can take months to over a year to get to trial or reach a settlement. It involves motions hearings, evidence collection (“discovery”), deposing witnesses under oath, attempting mediation or arbitration, and retention of expert witnesses.
I guide my clients through every step, easing the burden on them as I build leverage pushing for the maximum settlement. My thorough preparation removes as much “surprise” from the litigation process as possible while aggressively pursuing the compensation the plaintiff deserves under the law.