What to Expect During a Brain Injury Case: Insights from a Chicago Lawyer

Attorney Blog

Dealing with a brain injury can be difficult for both the injured person and the loved ones. If you are injured by the negligence of another person, you should never ignore it. This is where you need to work with a Chicago brain injury lawyer. Let’s explore how the process of working with an injury lawyer looks like. 

Initial Consultation

The first step is an initial consultation with a personal injury lawyer Champaign Il. This introductory meeting allows you to get to know the lawyer, ask questions, and share the details of your case. Be prepared to provide information about how and when the injury occurred, the at-fault party, your medical treatment, and any economic losses stemming from the injury. The attorney will assess liability issues and determine if you have a viable personal injury claim.

Investigation

If the lawyer believes your case has merit, the next phase is conducting a thorough investigation into the accident. The attorney and staff will gather evidence, interview witnesses, consult medical records and bills, examine the scene, and build a timeline of events leading up to the injury. Vital evidence proving negligence and liability rests heavily on this investigative process.

Demand Letter

Once sufficient evidence is gathered, your lawyer will send a professional demand letter to the at-fault party’s insurance provider. This letter formally seeks compensation for your injury-related damages and often initiates settlement negotiations. Providing detailed evidence and cost projections helps convey the legitimacy of your claim and typically leads to higher initial offers.

Negotiation

Many brain injury cases settle out of court through negotiation between your lawyer and insurance company representatives. Back-and-forth discussions result in a settlement intended to cover all past and future medical bills, lost income, pain and suffering, and other damages sustained in the accident. However, if a fair settlement amount cannot be agreed upon, then your case proceeds to litigation.

Litigation

The litigation process begins by filing a personal injury lawsuit in civil court. Lawsuits allow both parties to engage in discovery where additional evidence and testimony are provided to the court through depositions, interrogatories, medical exams, and expert witness statements. Your attorney will advocate aggressively on your behalf throughout the litigation process. Right before trial, many cases still reach a settlement agreement.

Trial

If no settlement is reached by the trial date, the case proceeds before a judge and jury. Your lawyer will strive to present convincing evidence of negligence and damages sustained to gain compensation for your losses. Witnesses take the stand, experts testify to the extent of your injury, and medical evidence is examined at length. The verdict determines if the defendant is liable, and the total judgment amount awarded.

It is difficult predicting how long the complete legal process may last as each brain injury case is unique. By hiring an experienced Chicago accident attorney to handle your claim, you can alleviate much of the burden during this challenging situation. Let your lawyer manage the complex legal matters so you can concentrate on your recovery.

 

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