Stages of an Illinois Personal Injury Case

Personal injury is a broad area of law that is intended to compensate victims who have been injured by another person’s negligent or wrongful act. Personal injury covers a wide range of incidents, including slip and fall, product liability, car accidents, nursing home abuse, birth injury, such as cerebral palsy, and medical malpractice.

Although each personal injury case is unique and different, the following is a list of stages most Illinois personal injury cases go through after a person has been injured by another person’s negligent or wrongful act.

Before a personal injury lawsuit even begins, the injured person will meet with a personal injury attorney. The purpose of the meeting is to determine if there is a possible cause of action for the injuries sustained. If it appears that there is a cause of action, the personal injury attorney will file a lawsuit.

Next, is the determination and investigation of the accident. Both the attorney and the insurance company make an at-the-scene investigation as to what occurred.

After the investigation comes the insurance claim. This stage involves contacting and cooperating with the victim’s insurance company to process their claim, contacting the negligent or "at fault" person’s insurance company, and the settlement demand – how much the victim is willing to take in settlement.

Most personal injury lawsuits can be broken down into five parts or sections: pleading, discovery, trial, appeal, and enforcement.

The next stage is the complaint. The complaint is a formal document outlining the causes of action against the party or parties who are responsible for causing the victim’s injuries and damages. In the complaint, the personal injury attorney will name the injured person as the “plaintiff,” and will name the party responsible for causing the accident as the “defendant.”

In the complaint, the personal injury attorney will outline the basic facts of the case, explain why the defendant is legally responsible for the plaintiff’s injuries, and make a demand for relief.

After the complaint, both parties enter the discovery phase, during which evidence and statements are exchanged between plaintiff and defendant as they build their individual cases. The following procedures are often used to get information from the other: interrogations, demand for documents, admission of allegations, deposition, and subpoenas to get documents.

Many lawsuits are settled out of court during the discovery stage. Once a settlement is reached the case is closed.

If the parties do not reach a settlement, the matter moves to trial. Both sides will have a chance to present their cases before a judge and/or jury, using witness testimony and evidence to prove their arguments. If no settlement is reached by the end of the trial phase, the jury or judge renders a judgment or verdict.

If a party is unhappy with the result of the trial, he or she can choose to appeal the case to a higher court. The appellate court will review the procedures taken by the trial court and determine if any errors were made which may have unjustifiably influenced the outcome of the case, and decide whether to uphold the decision, reverse it, or remand the case back to the original court.

After the trial and any appeals, if the plaintiff's verdict stands, the defendant will be legally obliged to follow the terms of the judgment, which usually involves paying a financial penalty to the plaintiff.

If you have any questions about the stages of a personal injury lawsuit or would like a referral to an experienced Illinois personal injury lawyer, please contact us.