Pretrial Phases In An Illinois Personal Injury Lawsuit: Everything You Need To Know!

In Illinois, personal injury lawsuits are different from other places. There, the lawsuits have to follow a meticulous process from filing a lawsuit for compensation to the final verdict.

Most of these cases get settled out of court, through negotiation between the insured party and the insurance company.

However, quite a number of cases get tried in the courts. As such, when you have a personal injury case, you should be willing to take it to court. 

“Sometimes, the only way to get the compensation you deserve is by trying your case in court,” says Attorney Michael McCready of McCready Law Injury Attorneys.

If you encounter a personal injury, your first step should be to consult a personal injury lawyer and discuss the details. These legal professionals would guide you on how you can proceed with your case.

Moreover, if your personal injury case is in court, it will go through a pretrial phase. This pretrial phase comes after you have contacted a doctor for a medical checkup and a lawyer for legal representation.

Wondering what happens in Illinois personal injury lawsuits?

Keep reading this article to know more about what to expect during this pretrial phase!

Understanding The Vitality Of The Phase: Filing Your Complaint And The Discovery Process

The process of the Illinois personal injury lawsuits starts with the filling of the complaint by the plaintiff. Followed by the defendant’s submission of an answer to the plaintiff’s complaint.

Moreover, the personal injury case won’t start before the court receives the answer from the defendant. Then, the pretrial phase of the lawsuit begins with the filing of the complaint.

Once the case is in motion, the discovery phase starts, when both sides investigate the case details and gather evidence. This discovery phase is a vital part of the Illinois personal injury lawsuit. As, it is to lawyers what proper examination before diagnosis is to a doctor.

Thus, a personal injury lawyer cannot move forward with a trial without first understanding the evidence from both sides. Moreover, the more thorough the discovery process is, the more compelling the claim and the higher the chances of success are guaranteed.

Preparing For Discovery: What Are The Essential Things To Have In Mind When Going Into The Discovery Phase

Everything requires preparation, meaning your attorney must prepare for your lawsuit’s discovery phase.

In order to prepare for an Illinois personal injury lawsuit, each party will gather documentation, including insurance information and medical records. For this, your lawyer might ask you to submit the medical records of your injuries and the details of the incident.

With the help of these documents, your personal injury lawyer is able to build the case and evaluate the compensation claims. Moreover, the medical records are also used by your lawyer as evidence to justify the causation of your injuries.

Then, the attorneys will review the information obtained and make it ready for discovery.

After that, your attorney will list out the potential ideal witnesses, such as medical personnel or eyewitnesses to the incident. These witnesses will further help your case by providing ample evidence and statements.

At this stage, your personal injury lawyer will also inform you about the case proceedings and the challenges. Additionally, they will guide you in preparing for the counter questions from the opposite party.

In case you are unable to understand the proper process of your case, without hesitation ask your attorney to explain further. The clearer your understanding of it, the better you’ll be able to walk through the procedure in an Illinois personal injury lawsuit.

Conducting The Mode Discoveries In Illinois Personal Injury Lawsuit: What Happens During Discovery

Now, the discovery phase begins with the witness interview. This is often conducted through either interrogations or depositions of their statements.

In case of interrogation, either of the parties should send a written questionnaire to the opposing party. And, both parties need to truthfully answer the questions.

However, with depositions, judges and jury members provide oral questions, to which witnesses provide answers. And, the attorneys from both sides record these witnesses’ statements in the Illinois personal injury lawsuit.

Pretrial: What To Expect From The Entire Process And How To Handle It Effectively

After the discovery phase, the pretrial phase starts, involving a presentation of motions to the court and conferences with the judge.

The key steps involved in the pretrial stage of a typical Illinois personal injury lawsuit include the following:

Stage 1: Pretrial Motions

In the first stage, attorneys file pretrial motions that include requests to dismiss evidence or parts of the case. Moreover, a skillful Illinois attorney determines the required motions and procedures for filing in Illinois personal injury lawsuits.

Stage 2: Pretrial Conferences

After that, the attorneys hold pretrial conferences with the judge to discuss the status of the lawsuit.

In this stage of the Illinois personal injury lawsuit, the judge may recommend that the parties avoid a trial. Furthermore, the judge encourages them to settle the case out of court with proper compensation.

In case it is not settled, the judge decides on a date for the trial of the Illinois personal injury lawsuit.

Stage 3: Settlement Negotiations

However, if the parties take the judge’s recommendation to settle the case, the attorneys begin the settlement negotiations.

Moreover, these negotiations can happen at any point of Illinois personal injury lawsuit. However, mostly at the pretrial phase, the attorneys deal with these negotiations. 

More often than not, parties choose to mediate the case and settle out of court and without trial.

Our Advice

Even though an Illinois personal injury lawsuit may end at the settlement process, you should always prepare to go to trial.

Also, you should consult an Illinois lawyer for your personal injury case. As they are ready to go all the way to ensure you get fair compensation.

Moreover, having the guidance of an Illinois attorney can be really helpful for your Illinois personal injury lawsuit. As, they can assist you through the daunting process of the different phases of your case and get the best possible compensation.

Read Also:

• Five Tips To Help You Recover After A Work Injury
• What Happens If You Appear in Court Without a Lawyer in the US
• Understanding the Difference Between a Tort and Personal Injury