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Stages of an Illinois Personal Injury Case

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Although every case is different, to the following is a list of the stages that most Illinois personal injury cases go through.

  1. Accident- Someone is injured and if there is a viable personal injury case the injury is through the negligence of another person.
  2. Police report- If you have been involved in an accident it is a good idea to call the police right away and have them complete an accident report. Their investigation can be helpful to you in proving your case.
  3. Medical Treatment- No matter who is at fault for an accident, there is nothing more important than your health. If you have been in an accident and feel any pain or discomfort it is wise to get immediate medical attention. When you do seek medical attention be sure to give a very clear history of how you were injured.
  4. Find a lawyer- While you are not required to have a personal injury attorney in Illinois, after an accident the insurance company will be conducting an investigation. It is wise to have someone representing you through that investigation and it will not cost anything to hire a personal injury attorney. We do not recommend that you sign anything or provide any written or recorded without speaking to a lawyer first.
  5. Investigation- The insurance company isn't the only one who will investigate what happened. Your attorney will also conduct an investigation and interview any relevant witnesses.
  6. Filing of a lawsuit- This does not always happen, but often an attorney has to file a lawsuit in order to get a court order that will prevent relevant evidence from being destroyed. For example, when there was a nightclub fire in Chicago a lawsuit was filed immediately so an emergency order could be entered that prevented the club from re-opening before accident reconstruction specialists could investigate the site. A lawsuit may also have to be filed to avoid the case being barred due to the statute of limitations. Please note that just because a lawsuit has been filed does not mean that there will be a trial. The facts of each case determine what is going to happen.
  7. Discovery- This is part of the investigation process and occurs once a lawsuit has been filed. It is the process that allows the plaintiff and defendant to learn more information about what happened at the accident, learn more about past medical treatment and accidents and any other information relevant to the case. The judge will set a time limit as to when information can be asked for and when it has to be provided. A plaintiff and defendant will usually be asked to give a deposition which is testimony under oath.
  8. Negotiations- At some point it will be appropriate for you and your lawyer to discuss a settlement strategy. At that time your attorney will make a demand for settlement. Sometimes in the negotiation process the parties will participate in mediation with the hopes of narrowing any differences they may have. It is normally a much cheaper alternative to trial.
  9. Trial- If negotiations are not successful the case will eventually proceed to trial. A trial usually takes place before a jury in the county where the accident took place. The trial can be as short as a few hours or as long as many months. The more complex the case, the longer it usually lasts. Once the trial is over the jury (or in some cases the judge) will render a verdict. If they find in favor of the plaintiff, damages will be awarded.
  10. Appeal- No matter the decision of the jury, each side has the option to appeal the verdict. This does not give them a new trial, but rather allows the Illinois Appellate Court to review the result and decisions made by the judge to determine if there were any factual or legal errors.

If you would like to ask questions about the stages of an Illinois personal injury case or would like a referral to an experienced Illinois accident lawyer please contact us. All calls and e-mails are 100% confidential.

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