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If you have been injured, you may have the opportunity to seek compensation for damages you have experienced. Whether you are dealing with the repercussions of a car accident, slip and fall, or bicycle crash, understanding the steps in the process is important.
A personal injury claim typically follows a structured process. These are the steps you need to know before you hire an attorney and initiate the personal injury case process in Chicago.
The personal injury case process begins with an initial consultation with a Chicago attorney. During the meeting, the attorney will assess the case by reviewing the accident details, medical records, and any supporting evidence. The lawyer will also evaluate the viability of the case.
During this phase, the attorney may also conduct an investigation to begin building a strong claim. This process may include collecting police records, interviewing witnesses, reviewing video footage, and consulting with experts. If the attorney determines the case is viable, they may file a claim outlining the damages suffered, medical expenses, lost income, and other losses.
Often, the first step in a personal injury case is to attempt to resolve the case through settlements rather than through a trial. A personal injury attorney may negotiate with insurance companies to obtain fair compensation. The insurance company may accept, counteroffer, or deny the claim, but if all parties reach an agreement, the case may stop here.
If negotiations fail, the personal injury attorney may file a formal lawsuit in Chicago court. This starts with the litigation phase, which may involve drafting and filing a complaint before serving the defendant with legal notice. The defendant may respond with a motion to dismiss or a counterclaim.
The first step if a case goes to trial is called discovery, where both parties exchange and gather information. This includes gathering depositions, or sworn statements from witnesses and experts. Lawyers can also request documents, including emails, accident reports, and medical records. Each party will still have a chance to consider mediation, during which a neutral third party facilitates discussions to reach a settlement.
If the parties are unable to reach a settlement, the case moves on to trial, during which time a judge or jury will hear arguments, review evidence, and determine liability. The trial typically includes opening statements, presentations of evidence and testimony, cross-examination, closing arguments, and then a verdict. Following trial, either party may file post-trial motions or appeal the decision.
Navigating a personal injury case requires legal know-how and experience. Personal injury attorneys handle the process from beginning to end, ensuring you do not miss deadlines, including the two-year statute of limitations. Missing just one deadline can put your case in jeopardy, meaning you may not get the compensation you deserve.
Now that you have some understanding of the personal injury case process in Chicago, it is time to consult with a professional who can help you. If you have questions about the process or feel ready to get started, call McCready Law today to initiate the process. A free consultation can help you understand the next steps.