The Legal Process for Personal Injury Cases: What to Expect
A personal injury case is a legal action that an injured person takes against the individual or entity that caused their injury. There are numerous types of cases that fall under the personal injury category, including:
· Medical malpractice
· Defective products
· Car accidents
· Workplace accidents
· Premises liability accidents
While the process will vary slightly depending on which type of personal injury case you are involved in, there are general steps and requirements that can help you gain insight into what to expect.
Seek Medical Attention
This is the first and most important step of every type of personal injury case. It is crucial that you seek appropriate medical care for your injuries. For some, this may be going to the emergency room immediately following the accident. For others, the appropriate level of care may involve scheduling an appointment later that day. Do not self-diagnose or dismiss seemingly minor symptoms; certain types of injuries can take hours or even days to become symptomatic.
The Legal Steps in a Personal Injury Case
Settlement Negotiation
The first phase occurs before filing a lawsuit. At this point, your attorney will communicate with the insurance company to negotiate a fair settlement. The vast majority of personal injury cases are resolved in this stage.
File Pleadings
If the insurance company refuses to offer a fair settlement, the next step is to file a formal complaint to initiate the lawsuit. It’s crucial that you do not wait too long to start this step because most personal injury cases in Illinois have a two-year statute of limitations. After you file your complaint, the defendant has the opportunity to respond with an answer, which is typically a denial of your claims.
Discovery
The discovery process allows each side in a lawsuit to access evidence and information of the other party. Illinois allows several methods of discovery, including depositions, interrogatories, and physical examinations.
Trial
Few personal injury cases in Illinois make it to this point. Settlements can occur at any of the prior stages, so there are numerous chances for the parties to come to an agreement. If your case makes it to litigation, be prepared for:
· Witnesses to be called
· Evidence to be presented
· Legal arguments from attorneys on both sides
· Providing your testimony
Building a strong case for trial is necessary if you want to establish that the other party caused your injuries through their negligence or recklessness. An experienced personal injury lawyer can gather convincing evidence, calculate the value of your claim, and litigate your case in court if you reach the trial phase. The CP Law Group has extensive experience helping clients navigate their Illinois personal injury cases. Whether your goal is to reach a settlement with the insurance company or take your case to court, we will be there to support and advocate for you every step of the way. Call us at 844-546-4878 (that’s 844-5-IM-HURT) or reach out on social media to @TheCPLawGroup to schedule a free consultation.