What happens in a personal injury lawsuit? A personal injury lawsuit occurs when someone is harmed due to an accident or injury, and someone else is legally responsible. These cases can be resolved through a lawsuit or a negotiated settlement. In a lawsuit, the plaintiff seeks compensation from the at-fault party, and a judge or jury decides the outcome. In a settlement, the parties negotiate an agreed payment without going to court. If no settlement is reached, the case goes to trial.
If you’ve been injured and need to seek compensation, contact Shindler & Shindler Injury Attorneys at (847) 933-4448.
The first meeting with a personal injury lawyer is intended to evaluate your case’s strength and understand the legal tactics that could be used. During this consultation, your attorney examines your circumstances and discusses possible outcomes. It is an opportunity for you to present relevant documents, explain the incident, and express your concerns. This meeting lets you assess the lawyer’s experience in common personal injury claims and decide if his or her approach matches your expectations.
Following your initial consultation, you should be able to ascertain:
For the meeting, gather all documentation of your accident, such as the police report, accident reports, injury journal, medical records, pay stubs, photos, and eyewitness statements. Your lawyer needs these to understand what happened and assess liability. The more evidence you provide, the stronger your case will be.
When meeting with a lawyer, be honest and share all the details about your accident. He or she will ask for details of the incident, witnesses, your injuries, how they impact your daily life, your insurance coverage, and if you’ve spoken to insurance representatives. Everything you tell the lawyer is confidential. It’s okay not to know an answer, the lawyer just needs the essential facts to provide accurate legal advice.
Once you’ve retained an attorney, you can initiate the lawsuit filing process, which includes several steps before the lawsuit is filed.
Your lawyer will conduct thorough research into your case to understand how you sustained your injuries and the scope of the resulting damages and costs. Subsequently, he or she will reach out directly to the insurance company, potentially in conjunction with the opposing party’s attorney. Throughout the legal proceedings, your lawyer will inform you about negotiations and important updates. You need to concentrate on receiving the necessary medical care.
Trials are a last resort when parties can’t agree, as they are time-consuming, expensive, and mentally exhausting. At trial, a jury decides on the outcome. Typically, both parties prefer to reach a private settlement to avoid going to trial.
Once enough evidence is collected, your attorney will send a demand letter to the responsible party, insurance company, or attorney. This letter will outline how the accident caused your injuries and damages, and demand compensation. After the letter is sent, your attorney may negotiate for a settlement. If the at-fault party or insurance company makes a settlement offer, your attorney will advise you on whether it’s reasonable. Still, the final decision to accept the offer is yours.
If a fair agreement cannot be reached, your lawyer will initiate legal action. Your lawyer knows how long you have to file a personal injury claim and will ensure that legal action is started in time.
The Complaint is a formal document that outlines your claims about how you were injured and the extent of your damages. Typically, it is filed in the county where your injury occurred or where the defendant or party who injured you resides. The complaint includes a summons, a notification to the defendant about the lawsuit and requires them to respond within a specified time frame.
Once the Complaint is filed, it must be personally delivered to the defendant. The defendant then must respond to the Complaint within a designated period, usually 30 days, by filing an answer. This document is where the defendant either admits to or denies the allegations in the complaint. The response will also outline any defenses the defendant plans to use in court.
Once all defendants have responded, the discovery process begins. Each party collects testimony, evidence, and information from each other and third parties. Discovery allows each party to access relevant evidence held by the other party (or parties). Illinois has various discovery methods.
This is where you discover what happens when a personal injury claim goes to court. During a trial, your lawyer will present your case to the judge or jury, followed by the defense. After both sides have made their arguments, the judge or jury will decide whether the defendant is legally responsible for your injuries and the compensation he or she must pay. A personal injury trial typically involves six phases: jury selection, opening statements, witness testimony, and cross-examination, closing arguments, jury instructions, and jury deliberation and verdict. You may wonder what happens if you lose a personal injury claim. You can file an appeal, asking a higher court to reconsider the decision.
A personal injury lawyer is an important aid in helping with your settlement negotiation. When personal injury lawyers negotiate for higher settlements, they use various strategies. Ultimately, they rely on presenting strong evidence to advocate for fair compensation.
Accurately assessing a client’s damages is the most important aspect of negotiations. This involves collecting information and documentation from expert witnesses, including medical professionals and economists. Your lawyer must also account for any future accident-related expenses you may encounter. You shouldn’t miss out on compensation and have to bear additional costs in the future.
Insurers or other attorneys may try to shift blame onto you to undervalue or deny your claim. Establishing fault is essential to avoid this and requires a thorough investigation, including gathering evidence such as surveillance footage and witness testimonies. It is crucial to present evidence supporting liability when negotiating settlements. Attorneys compile and present compelling evidence to prove the opposing party’s negligence caused your injuries or damages.
When assessing settlement offers in a personal injury case, you should compare the offer to your initial demand to gauge its fairness.
Considering the pros and cons of accepting or rejecting an offer is important. Accepting means receiving compensation sooner, but it may not be enough to cover all your damages adequately. However, plaintiffs only win 50% of personal injury claims that go to trial. Rejecting means taking on more risk by litigating to pursue a larger settlement.
To make a well-informed decision, it’s important to seek advice from your attorney, who can offer guidance based on their experience dealing with similar cases. H or she can assist with evaluating whether accepting or declining a settlement offer aligns with your objectives and overall best interests.
If you’ve been injured, contact us at Shindler & Shindler Injury Attorneys for help filing your lawsuit.
