What Are the Steps of a Personal Injury Claim in Illinois?
If someone else’s negligence caused your injuries in Illinois, understanding the steps in a personal injury lawsuit is critical for seeking the compensation you deserve. Failing to follow the proper procedures could result in missing out on your chance to hold the at-fault party financially liable for your injuries.
Seeking Medical Treatment and Contacting a Lawyer
The first steps to take after suffering an injury caused by someone else are to seek medical treatment and contact a lawyer. By seeking medical treatment, you’re showing that you’re taking your injuries seriously. And by contacting a lawyer, you’re setting yourself up for the best chance at recovering compensation.
Gathering Evidence
Your lawyer will then begin gathering evidence, including accident scene photographs, eyewitness statements, and more. This evidence is the backbone of your legal case.
Preparing a Demand Letter
Before filing a lawsuit, you will prepare a demand letter and send it to the at-fault party and their lawyers. Your demand letter should include details of the incident that injured you, the injuries you suffered, the evidence showing their fault, and the damages you’re seeking.
Going Through the First Round of Negotiations
After the at-fault party receives your demand letter, there may be an initial round of negotiations. Your lawyer can negotiate on your behalf and seek a favorable settlement so you can avoid going through a lengthy legal battle.
Filing Your Legal Complaint
If the at-fault party doesn’t offer a fair settlement, your lawyers will file a legal complaint with the courts, officially beginning your personal injury lawsuit. You must also serve a copy of the complaint to the defendant, who has 30 days to respond.
Going Through the Discovery and Pre-Trial Phase
To prepare for trial, the parties will enter the discovery phase. This is where the parties can request information from each other to better understand the facts of the case. For example, the defendant’s lawyers may submit questions for you to answer or wish to speak with you in person. We can also request information from the defense, such as access to internal documents or security camera footage.
Going Through the Second Round of Negotiations
More negotiations can take place at any point between when you file your complaint and your case goes to trial. Most lawsuits end in a settlement because it is often the best option for both parties. However, our lawyers will only recommend settling your case if it is in your best interest.
Taking Your Case to Trial
If negotiations still don’t result in a fair settlement offer from the defendant, our lawyers are prepared to take your case to trial and seek the maximum compensation available.
Contact Our Illinois Personal Injury Lawyers
If you’ve been injured by someone else’s negligent or intentional actions in Illinois, contact Johnston Law Offices P.C. for a free consultation with one of our experienced personal injury lawyers. We’ll review your case, explain your options for seeking financial recovery, and walk you through what to expect from the legal process.