Skip to Content

What Are the Steps of a Personal Injury Lawsuit in Illinois?

an injured man shaking an attorney's hand

If you’ve been hurt in an accident caused by the negligence of another person, you may be entitled to file a personal injury claim to receive compensation for your losses. For many, the personal injury claim process can be overwhelming and daunting. Our Rockford personal injury attorneys have put together the steps involved in an Illinois personal injury lawsuit. Although every case is unique and different in length, most of them follow the same step by step process.

Picking a Personal Injury Lawyer

The first step when filing a personal injury claim is to find a qualified attorney to work on your case. This is one of the most critical steps for the personal injury process because the attorney you choose to protect your rights can ultimately affect the outcome of your case.

Many people don’t realize that they aren’t limited by their finances when selecting a personal injury lawyer. Unlike lawyers that focus in other practice areas, personal injury lawyers receive payment through contingency fees. Contingency agreements only require clients to pay their attorneys if they win a verdict or settlement. This allows people injured to find the right legal guidance for them, regardless of financial restrictions.

Gathering Facts & Evidence

Once you choose a legal team to guide you through your personal injury case, they will immediately start gathering evidence for your case. Your attorneys will speak with you and any other parties involved in the accident to determine the cause. They will also examine your situation with specialists and experts.

Gathering facts is an essential part of your personal injury case. This process is meant to identify the party or parties involved in the accident, and it will establish which parties are at fault. Attorneys will also need to calculate your past, present, and future losses to ensure you receive the compensation you deserve. Your legal team must prove that you are not at fault for your injures to obtain a favorable outcome.

Settlements & Negotiations

If an attorney believes they can come up with a favorable outcome by settling with the other party, they will do so without going to trial. In a settlement, attorneys will directly negotiate with the company. However, if both parties can’t agree on a settlement, your attorney may request mediation or arbitration. Mediation and arbitration are other forms of negotiation that are quicker and less hostile.

Mediation is meant to facilitate communication between lawyers of both parties when a settlement negotiation was unsuccessful. A mediator or neutral third party oversees the communication between both parties to facilitate the process and try to agree on a settlement.

Arbitration is similar to mediation, but it is facilitated by an individual who is typically a retired judge or attorney. The benefit of arbitration is that the third-party individual may have the authority to enforce agreements to ease the process.

Trial Process

If both parties can’t settle, your attorney should be ready to go to trial to obtain the best possible results for your case. In most cases, you may go to trial if the other party continues to offer an unfair settlement. Your lawyer will need to handle all the required paperwork to bring your case before the court. Then, the judge or the jury will decide your case.

Call Our Rockford Personal Injury Lawyers: (815) 987-4050!

If you were injured in an accident caused by another person’s negligence, you are entitled to seek compensation. Although a personal injury lawsuit may seem daunting, an experienced lawyer can guide you through the process. Since 1923, the Rockford personal injury attorneys at Reno & Zahm LLP have been helping those injured obtain the compensation they deserve for their injuries. Our team focuses on understanding our client’s perspective and providing realistic and innovative salutations to clients’ needs. We have the knowledge, skills, experiences, and resources needed to help you.

Give our Rockford personal injury attorneys a call today at (815) 987-4050 to schedule a virtual consultation!

The blog published by Reno & Zahm LLP is available for informational purposes only and is not considered legal advice on any subject matter. By viewing blog posts, the reader understands there is no attorney-client relationship between the reader and the blog publisher. The blog should not be used as a substitute for legal advice from a licensed professional attorney, and readers are urged to consult legal counsel on any specific legal questions concerning a specific situation.