Filing a car accident injury claim in Chicago can feel overwhelming, especially if you’ve never been through the process before. From initiating a lawsuit to navigating discovery and negotiating settlements, understanding what to expect can ease the stress. This guide walks you through each step of a personal injury claim in Illinois, helping you prepare and make informed decisions throughout the process.
Keep reading to learn more about…
- How to file a personal injury lawsuit after a car accident in Illinois.
- What to expect during the discovery process.
- How settlements often proceed, and what to expect.
How Do I File A Personal Injury Lawsuit After A Car Accident?
Get in touch with an attorney and allow them to file a personal injury lawsuit on your behalf. If you try to navigate this process alone, it’s comparable to trying to perform open heart surgery on yourself – it’s just not going to go well.
A lawyer will help you gather crucial evidence, get you in touch with the right medical professionals to help treat your injuries, and let the insurance companies know about your potential claim.
Next, we’ll file a claim on your behalf, which may lead to a lawsuit or a settlement before a lawsuit is even filed.
What Should I Expect During The Discovery Process In Illinois?
Discovery begins with written questions that your attorney will send out to the other party. These will include questions about their background, the crash, and any injuries suffered by the other party.
Next, your attorney will begin depositions, where you and the other party answer spoken questions under oath, which are transcribed by a court reporter.
Discovery can also involve testimony from accident reconstruction experts, doctors, and physical therapists to determine the severity of the accident, its causes, and the types of injuries that you have suffered because of the accident.
Attorney Alexander Memmen is a focused personal injury attorney serving Illinois. For nearly 20 years, he’s helped clients just like you understand what to expect after a car accident and how to move forward with a personal injury lawsuit.
Have questions, or in need of superior legal guidance? Reach out to Sharks At Law at (312) 586-2820 for a free initial consultation today.
What Is The Role Of Depositions In A Personal Injury Lawsuit?
Depositions help determine what various witnesses are going to say before trial. Depositions help your attorney determine if they have enough testimony from the other party to establish negligence and liability.
The other goal of depositions is to establish the severity of your injury. This process involves questions, sometimes asked face-to-face or sometimes asked during Zoom meetings. Deposition can also help your attorney learn new things they didn’t know before, which can be helpful or impactful at trial.
How Do Settlement Negotiations Typically Proceed In Illinois?
Settlement negotiations in Illinois can proceed in a few different ways, depending on the case and the preferences of the parties involved. Typically, negotiations start directly between the parties—often through the plaintiff’s attorney and the insurance company.
In this scenario, the plaintiff makes a demand for compensation, and the insurance company responds with an offer. The parties then negotiate back and forth in an attempt to reach a settlement, which can happen before a lawsuit is even filed or during the litigation process, but before the case goes to trial.
Another common route for settling cases is through arbitration. In fact, in some areas, like Cook County, courts may require non-binding arbitration as part of the process. However, in some cases, it can be agreed upon privately by both parties.
Arbitration is like a “mini-trial,” where both sides present a condensed version of their case. An arbitrator, usually a lawyer acting as a neutral third party, listens to the arguments and evidence and then makes a decision on whether the plaintiff should receive compensation, and if so, how much.
The arbitration decision can either be binding—meaning the parties must accept it—or non-binding, allowing one party to reject the award if they are unsatisfied.
Mediation is yet another option. This process is typically voluntary, and it can be highly effective in reaching settlements without the need for a trial.
In mediation, the parties hire a neutral third party, often a retired judge or experienced attorney, to help facilitate negotiations. The mediator then reviews the facts, evidence, and legal arguments – and works with both sides to suggest a settlement.
While the mediator cannot force a resolution, their recommendations often guide the parties toward a mutually acceptable agreement.
What Are The Potential Outcomes Of A Personal Injury Lawsuit?
The outcomes from a personal injury case can range from settlements before a lawsuit is even filed all the way up to a verdict at trial. Most cases settle, and if a personal injury attorney chooses to take your case, this means they feel you have a valuable case worth pursuing.
Some Parting Words Of Wisdom
It is extremely helpful to bring photos or video footage of the accident scene and damage to their vehicles. If at all possible, try to collect these images with a cell phone.
If there are witnesses, such as pedestrians or other motorists, get their names and phone numbers. This will be immensely helpful to your attorney in determining how the crash happened and proving the other party’s liability.
Still Have Questions? Ready To Get Started? For more information on Car Accident Injury Claims In Illinois, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (312) 586-2820 today.
Attorney Alexander Memmen is a focused personal injury attorney serving Illinois. For nearly 20 years, he’s helped clients just like you understand what to expect after a car accident and how to move forward with a personal injury lawsuit.
Have questions, or in need of superior legal guidance? Reach out to Sharks At Law at (312) 586-2820 for a free initial consultation today.
