When you’ve been injured by someone else’s negligence in Chicago, you may wonder, “What happens in a personal injury lawsuit?” A lawsuit starts when you file a complaint in court, and the discovery phase follows, during which evidence is exchanged. A pre-trial motion may be filed, and if a settlement isn’t reached, your case will go to a court trial where a judge or jury evaluates the evidence and decides who wins.
At Smoler Law Office, we can help with your personal injury case. Call us at 312-332-9800.
What Takes Place During the Pre-Trial Process in Chicago?
Victims file a lawsuit if settlement negotiation in personal injury claims fails to reach a fair settlement amount. Victims file a lawsuit in a state circuit court with the help of a personal injury lawyer. There are 25 judicial circuits in Illinois, within which circuit courts are established. Personal injury lawsuits involve much more than what occurs during trial in the courtroom.
Complaint and Response
Your personal injury lawsuit will start with your attorney filing a complaint in the proper court. The complaint lays out your allegations on how the defendant caused your injuries and the damages you’re seeking. The defendant will be served with a copy of the complaint. The defendant must then file a response, usually within 30 days in Chicago, to admit or deny the allegations.
Discovery and Pre-Trial Motions
The discovery process takes place after the defendant has filed a response. During this phase, both parties collect testimony, information, documents, and evidence related to the case from each other and third parties.
A personal injury lawyer can use the information gathered in the discovery phase to incentivize the defendant’s insurance company to settle a personal injury case before it proceeds to trial.
The Trial Process
When a case reaches trial, each party will have the opportunity to present its arguments and evidence to the judge or jury. The judge or jury will determine whether the defendant is liable and the amount of compensation he or she must pay.
Before rushing to court to file a lawsuit, it’s beneficial to consult a personal injury lawyer experienced in handling cases like yours. For example, if you were injured in a work-related accident, you’ll need to look for a lawyer with hands-on experience in third party personal injury claims.
Smoler Law Office has more than 25 years of experience handling personal injury cases in Chicago. Contact us today to schedule a free consultation to learn more about your legal options.
