What Is the Process of a Personal Injury Case?

Attorney Representing Injured Victims in Joliet, Naperville, and Plainfield

In the aftermath of a personal injury, a person will often be unsure of what they should do next. In many cases, a victim will require extensive medical treatment, and they may be unable to work while they are recovering. This can cause significant financial difficulties for an injured person and their family, and they are also likely to experience serious physical pain and emotional trauma. Fortunately, when injuries were caused by another person or corporation’s negligence, then injured people and their families can pursue financial compensation to make them whole for their losses. Victims will want to understand the process followed during a personal injury case, and by working with a skilled and experienced lawyer, they can take the right steps during this process to ensure that they will be able to receive the compensation they need and deserve.

For over a decade, Attorney Michael J. Lichner has successfully represented clients in multiple different types of personal injury cases. He understands the ins and outs of these cases, and he is prepared to advocate on your behalf throughout the legal process. Our firm has recovered millions of dollars on behalf of injured individuals, and we have extensive resources that allow us to stand up to large corporations and insurance companies when negotiating settlements or prosecuting cases in the courtroom. We will not rest until you and your family are made whole.

Steps Followed in a Personal Injury Case

After suffering an injury, it is important to contact an attorney as soon as possible. Michael Lichner will carefully review the circumstances of your injury and make sure you understand your options for pursuing compensation. He will speak with insurance companies on your behalf when filing claims, ensuring that any settlement offered will fully address the damages you have suffered. He will also advise you of the steps you can take to protect your right to receive compensation, including who you should discuss your injuries with and what types of information you should or should not share online.

Although all cases are different, most lawsuits we file proceed as follows:

1. Obtaining evidence and establishing liability - Starting immediately after your injury, we will diligently gather and preserve as much information as possible about the incident. This evidence may include medical records related to treatment you have received, photos or videos of the scene where you were injured, reports filed by police officers, recordings of calls made to 911, and statements from witnesses. We can then use this evidence to identify all parties who were responsible for your injury and determine the best options for pursuing compensation from these parties.
2. Filing a lawsuit - You can pursue a civil lawsuit against the parties who caused your injuries, and this suit must be filed within the applicable statute of limitations. In Illinois, the statute of limitations for many personal injury cases is two years after the date the injury occurred or the injured person knew or should have known about their injury. However, there are exceptions and this is another reason to consult with us quickly after you have been injured. Lawsuits are typically filed in the district court of the location where the injury occurred or where any defendant is located. After filing the suit, the case will be assigned to a judge, who will establish dates for hearings and deadlines for when certain actions must be completed.
3. Discovery - Once a case formally begins, both parties will take action to uncover relevant information that they may use during the lawsuit. Discovery can be divided into two main categories of written and oral discovery. Written discovery includes interrogatories, in which the parties send each other written questions to answer under oath. The parties also send written requests for certain types and categories of documents and disclose persons who they believe may testify at trial. Subpoenas may also be used to obtain information from insurance companies, medical providers, product manufacturers, or other people or organizations. Oral discovery is when the parties, eye witnesses, and medical doctors testify under oath about the facts and circumstances of the incident, the medical treatment they rendered, and how the injuries have affected the injured person’s life to name a few. The discovery process typically takes the most amount of time and your lawsuit may not be able to move forward until you have reached a point in your recovery where you fully understand how your life will be impacted in the future.
4. Settlement negotiations - At any time during your case, before or after filing a lawsuit, you may agree on a settlement with those who are responsible for your injuries. In some cases, we may engage in mediation, arbitration or a pre-trial settlement conference to negotiate a settlement. During negotiations, Attorney Lichner will make sure the amount agreed upon is fair and compensates you for all of your injuries and damages.
5. Trial - If a settlement cannot be reached, then your case will proceed to trial where both sides will present evidence and make arguments before a jury. At the end of the trial, the jury will reach a verdict and determine whether the defendant or defendants were responsible for your injuries. If the jury rules in your favor, it will decide on an appropriate amount of money damages to award to you.

Contact Our Romeoville Personal Injury Lawyer

Attorney Michael J. Lichner can provide the legal help you need throughout the entirety of your case. To learn more about how we can help you receive the compensation you need, contact us at 815-730-1977 and arrange a complimentary consultation. We prosecute personal injury cases in communities throughout Will County, including but not limited to New Lenox, Plainfield, Frankfort, Joliet, Shorewood, Naperville, Homer Glen, Lockport, Romeoville, Mokena, and Bolingbrook. In addition, we are proud to serve clients in DuPage County, Cook County, and other counties in northern Illinois and cities throughout the greater Chicago area.