Inside The Courtroom: What To Expect During A Personal Injury Trial In Illinois

When insurance companies refuse to pay accident survivors and other injury victims for the harm that has been caused, a personal injury claim can become a personal injury lawsuit. Going to court is never easy, but it can force a reluctant company or individual to pay you what they owe and what you need. This article explains the fundamentals of personal injury claims and lawsuits, including: 

• The key steps of a personal injury claim that can culminate in a courtroom lawsuit. 
• Who might be involved, how long it can take, and the possible outcomes of the litigation.
• How compensation is determined in Illinois personal injury claims and lawsuits. 

What Are The Key Stages Of A Personal Injury Lawsuit And Trial In Illinois?

A trial is only the tip of the personal injury lawsuit iceberg. While it’s the part most often depicted on television in courtroom dramas, trial usually represents only the last 5% of the entire process. Here’s a breakdown of the key stages of a personal injury lawsuit and trial in Illinois:

1. Initial Consultation & Case Evaluation

During the initial consultation, your attorney will evaluate your case and discuss your legal options.

2. Medical Treatment & Claim Filing

Your personal injury case begins when you get medical attention and reach out to an attorney about an accident or injury. Once you know what medical treatments will be required, your attorney will help you file a personal injury claim to seek compensation from the person responsible or their insurance company.

3. Filing A Lawsuit

If the defendant and their insurance refuse to pay a reasonable amount in compensation, your attorney will help you file a lawsuit to get the court to force them to do so.

4. Defendant’s Response

The defendant has time to answer the lawsuit and can choose to offer or accept a settlement at any time before the trial takes place.

5. Discovery Phase

Before going to court, both parties engage in discovery, the process of exchanging information relevant to the case. This includes:

• Written Discovery: Sending written questions and answers back and forth.
• Oral Discovery: Taking depositions where defense lawyers can ask you questions under oath, and your lawyer does the same with the defendant and any relevant witnesses.

6. Pre-Trial Motions and Conferences

The lawyers talk to the judge to resolve any pre-trial issues and ensure everything is in order for the trial.

7. Voir Dire (Jury Selection)

The process of selecting a jury, where both your attorney and the defense attorneys ask potential jurors questions to determine their suitability for the case.

8. Opening Statements

Both your personal injury lawyer and the defense attorneys introduce their cases and positions to the jury.

9. Examination & Cross-Examination

This is the core of the trial, where witnesses present evidence under questioning by both sides. Your attorney and the defense attorney will each have the opportunity to question witnesses to support their arguments.

10. Closing Statements

Attorneys summarize their points and make final arguments to sway the jury in their favor.

11. Jury Deliberation & Verdict

The jury deliberates and decides whether to award you compensation and, if so, how much.

Understanding these stages can help you navigate the complexities of a personal injury lawsuit and trial in Illinois. Having a knowledgeable attorney by your side ensures that you are well-represented and that your rights are protected throughout the process.

How Long Does A Personal Injury Trial Typically Last In Illinois?

A personal injury trial in Illinois can vary in length, typically lasting anywhere from a few days to several weeks, or even over a month. This timeframe does not include the entire lawsuit process, which can take many more weeks, months, or even years to complete.

For the actual trial, the average duration is around five to six days in the courtroom. This period covers the critical stages of the trial, including jury selection, opening statements, witness examination, cross-examination, closing statements, and jury deliberation.

What Types Of Witnesses Can Be Called During A Trial?

In a personal injury trial in Illinois, three major types of witnesses can be called to testify:

1. Lay Witnesses

Lay witnesses are individuals without any relevant professional expertise. These are ordinary people who may have seen the accident happen or been directly impacted by it, such as your family members. 

2. Unretained Expert Witnesses

Unretained expert witnesses have relevant expertise and firsthand information but have not been hired by either side in the case. This category includes professionals like the doctors who treated you at the hospital or police officers who analyzed the accident scene. 

3. Retained Expert Witnesses

Retained expert witnesses are professionals hired by one side to provide testimony on specific issues within their expertise. These experts have years of experience and are qualified to testify about complex topics that laypersons cannot adequately address. 

For example, to determine how much income you will miss out on due to a car accident injury, you might testify about the accident as a lay witness, your doctor might confirm the injury and its impact on your ability to work as an unretained expert witness, and an economist might be called in to assess the financial loss from missing months or years of income as a retained expert witness.

Each type of witness plays a crucial role in building a comprehensive case, providing different perspectives and expertise to support your claim.

Attorney Alexander Memmen is a personal injury lawyer serving the greater Chicago area and all of Illinois. He has helped countless accident victims with their personal injury claims and lawsuits to obtain the financial compensation they need. Now, he is sharing the wisdom of his 20 years of experience in negotiation and courtroom litigation to make sure no one is cheated out of the money they deserve or deprived of justice because they did not understand their rights.

If you have been injured in an accident or are dealing with an insurance company that is refusing to pay for your injuries and all other losses, contact Alexander Memmen today to schedule a 100% free consultation to discuss your options.

What Are The Possible Outcomes Of A Personal Injury Trial?

At the end of a personal injury trial, there are three major types of verdicts you can receive:

1. Plaintiff’s Verdict

A plaintiff’s verdict is a favorable outcome for you. This occurs when the jury determines that the defendant is at fault and that your injuries were a result of the defendant’s negligence. The jury will also decide the amount of monetary compensation you should receive. 

This compensation is intended to cover medical expenses, lost wages, pain and suffering, and other related costs.

2. Defense Verdict

A defense verdict is not favorable for you. In this scenario, the jury concludes that the defendant is not at fault or is not persuaded that your injuries were caused by the defendant’s negligence. 

As a result, you will generally receive no compensation. Avoiding this outcome is one of the main reasons for considering a settlement before going to trial.

3. Mixed Verdict

A mixed verdict has elements of both favorable and unfavorable outcomes. For example, the jury may determine that the defendant is partially at fault but also find that you share some responsibility for the accident.

 In this case, you might still be awarded compensation, but the amount will be reduced based on the percentage of fault attributed to you. For instance, if the jury finds you 20% at fault, your compensation will be reduced by that percentage.

How Is Compensation Determined By The Court?

In Illinois personal injury trials, the jury is the sole arbiter of how much compensation should be awarded. However, they do not just pick a number out of a hat: the jury awards compensation based on a number of factors. 

• Medical Expenses & Associated Costs
  • This includes all medical bills and other costs directly related to the accident and injury. 
• Lost Wages
  • Compensation for the income you lost due to time off work because of your injury. 
• Pain & Suffering
  • An estimate of the physical and emotional pain and suffering you experienced because of your injury. Unlike medical bills, this type of damage is more subjective and requires careful explanation to the jury.
• Loss Of Quality Of Life
  • Compensation for the ways your injury has interrupted, stopped, or slowed down your normal life and activities. This could include anything from being unable to go on a planned trip to being unable to perform daily chores.
• Other Financial Or Emotional Losses
  • Any other financial or emotional costs associated with your injuries, which might include long-term care needs, psychological impact, or other personal losses.

How the jury arrives at these numbers is where your attorney’s skills are crucial during your trial. It is our job to clearly explain and justify these amounts to the jury, ensuring they understand the full extent of your losses and are convinced to award you the compensation you deserve.

• Medical Bills: These are often straightforward; a $10,000 hospital bill requires little convincing since it is a tangible and documented expense.
• Pain & Suffering / Loss Of Quality of Life: These types of damages are much harder to quantify. This is where expert testimony can significantly impact the compensation you receive. Experts can provide detailed analyses and explanations that help the jury understand the non-economic impacts of your injury.

By effectively presenting and justifying these factors, we aim to secure a fair and comprehensive compensation award that covers all your losses and supports your recovery.

Why Do Some Personal Injury Cases End Up In Trial?

While most personal injury claims do not reach the lawsuit stage – and many of those are resolved before trial – some cases do end up in court. This typically happens because a compromise cannot be reached. 

For example, our firm handled a case where our client was injured while walking down the street. If you live in Chicago, you know we have festivals across the city throughout the summer. One of these festivals had set up some signage that extended into the crosswalk where our client was walking. He tripped over the legs of the sign and broke his nose.

Despite the clear fault of the festival organizers, the defense made no settlement offer, forcing us to fight the case tooth and nail all the way to court. Fortunately, we secured a very favorable verdict for our client at trial, obtaining substantial compensation after the defense offered nothing.

Situations like this, where our firm goes to bat for our client in front of a judge, allow us to continuously refine our approach to personal injury law. Each trial provides new insights and experience, giving our team the opportunity to learn and enhance our approach. This is one of the key reasons why it is so crucial to hire an attorney with trial experience – so that you’re backed by advocates who have live experience and a track record of success. 

Of course, none of these successful outcomes would be possible without the hard work and dedication of a competent legal team. If you are facing a reluctant insurance company or a dishonest defendant denying all wrongdoing, you know who to call.

For more information on What To Expect During A Personal Injury Trial, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (312) 586-2820 today.