The National Safety Council reports that about 62 million Americans got medical care in 2023 for injuries that could have been prevented. Accidents can happen at any time and in any place. Some cause only minor injuries, while others change a person’s life forever. When someone is hurt in an unexpected accident, the effects can impact nearly every part of their life and lead to lasting physical pain, as well as mental and emotional strain.
If someone else’s carelessness caused your injury, you may be able to recover money to help pay for medical bills, lost income, and other losses. But many people wonder what actually happens after a personal injury lawsuit is filed in Chicago. What are the next steps? How long does it take? And what should you expect?
Whether you were hurt in a road traffic accident, a slip-and-fall, or another type of accident, it’s important to understand how the legal process works. A Chicago personal injury attorney can guide you through each stage and explain your options in plain terms. Below is a simple overview of what happens after a personal injury lawsuit is filed in Chicago and what it means for accident victims in the area.
What Are Personal Injury Claims?
A personal injury claim is a lawsuit that someone files against someone else because they were hurt because of that person’s carelessness. The damage can be to your body, mind, or wallet.
A personal injury claim lets the person who was hurt hold the person, company, or other party who was at fault for what they did or didn’t do. Most of the time, this duty is fulfilled by a monetary settlement. The money is supposed to help pay for the injured person’s medical bills, lost wages, and the overall effect the accident has had on their life.
To file a personal injury claim in Chicago, the person who was hurt must be able to show that:
- The other person had a legal duty to act in a reasonably careful way.
- The other person failed to act with reasonable care.
- You suffered a real injury or loss after the incident.
- Your injury was caused by the other person’s failure to be careful.
If all of these things can be proven, the injured person may have the right to file a personal injury claim against the person or company responsible for their injuries.
In Chicago, most of these cases are settled through talks instead of going to court. If the two sides can’t agree on a fair amount, though, the case may go to trial.
In either case, it’s important to hire a personal injury lawyer who has a lot of experience. A lawyer can help you make your case stronger and give you a better chance of getting money back.
How Do Chicago Personal Injury Cases Progress Once a Lawsuit Is Filed?
Each personal injury case is unique and based on its own facts and circumstances. But in most cases, people who have been hurt can expect the process to go through these basic steps after they file:
Discovery
After a lawsuit is filed, the case goes into a stage called discovery. During discovery, both sides share evidence and get more information to get ready for the trial. This process helps both sides see the case’s pros and cons, and it makes it less likely that new information will come to light later.
In some cases, the discovery process makes both sides start settlement talks again or try mediation. A lot of personal injury cases are settled during or after discovery and don’t go to trial.
Trial
Both sides will tell their side of the story if the case goes to court. They will show proof, call witnesses, and maybe even experts to testify in front of a judge or jury.
The lawyer for the injured person will speak for them and try to prove why they should get money. The other side will also bring their own witnesses and evidence to show that they are not to blame.
The judge or jury will decide if the defendant is legally responsible at the end of the trial. They will decide this based on which side’s proof is more convincing.
If the defendant is found to be at fault for the injuries, the court will then decide how much money the injured person should get.
Judgment/Settlement Collection
The last step is getting the money, whether the case is settled or goes to trial. Settlement payments are usually made within a few weeks, but the timing can change.
If the case goes to court, it may take longer to get the money. Sometimes, you may need to take extra legal steps to make sure the payment is made.
The lawyer’s agreed-upon fees and some case costs will be taken out of the total amount after the payment is made. The injured person will then get the rest of the money.
Do You Need a Chicago Personal Injury Attorney?
The process of filing a personal injury claim in Chicago and nearby areas can be hard to understand, but you don’t have to do it alone. We help accident victims and their families understand the law and move forward with confidence at Fabbrini Law Group.
We know that it can be hard to heal when you have to deal with legal paperwork and deadlines at the same time. From start to finish, our team works closely with clients, giving them clear directions and caring support at every step.
You have legal rights if you were hurt in a car accident, fell on an icy sidewalk in downtown Chicago, or were hurt because of unsafe conditions. You have the right to know what your rights are and to do something if someone else hurts you. Call Fabbrini Law Group in Chicago if you need help with a personal injury case. To set up a legal case review, call (312) 494-3131 today or fill out the form on our website.