You assert a personal injury claim when you demand compensation for an injury you sustained due to someone else’s misconduct, such as a truck accident or a slip and fall accident. Typically, you would submit the claim to an insurance company. Alternatively, you might file a lawsuit with a court, asking the court to order the defendant to compensate you for your injuries.
Insurance Claims
Insurance covers many personal injury claims. However, no matter how valuable the claim, no insurance company will pay more than its contractual claim limits.
First-Party Insurance Claims
A first-party insurance claim is a claim against your own insurance policy. You are the first party, and your insurance company is the second party. A common example of a first-party personal injury claim is a claim against your uninsured motorist policy in the wake of a hit-and-run accident.
Third-Party Insurance Claims
A third-party claim is a claim you file against an at-fault party’s liability insurance policy. This is typical in car accidents. The at-fault party is the first party, and their insurance carrier is the second party.
In a third-party claim, you aren’t part of the insurance policy you’re filing against. Instead, you’re seeking payment from the at-fault party’s insurance, which agreed to cover their legal responsibilities.
Settlement
Once you file your claim, a period of negotiation almost certainly stands between you and the final settlement of your claim. If you are representing yourself, you can be sure that the insurance company will often try to issue a “lowball” offer at first.
Having an attorney may make the insurance company take you more seriously and make a higher offer. If you can agree to a settlement, then you will sign a written settlement agreement with the other party.
Reasons to File a Lawsuit
There are three main reasons to file a lawsuit even if you still hope to settle:
- To pressure the opposing party to settle,
- To comply with the statute of limitations, and
- To gain access to the pretrial discovery evidence collection process.
Filing a lawsuit does not mean you will have to go to trial. You can still settle and drop your lawsuit. In fact, courts encourage settlement because it lightens their workload.
How to File a Lawsuit
To file a personal injury lawsuit, you must first identify the appropriate court. In Northbrook, for example, that means the Cook County Circuit Court.
Complaint
The complaint is the document that introduces your claim to the court. If your claim is based on negligence, for example, your complaint should include every element of the claim (duty, breach, causation, and damages). An experienced personal injury lawyer will draft your complaint to highlight its strong points.
Service of Process
You serve process by delivering a copy of the complaint and a court summons to the defendant to notify them of the lawsuit. Typically, delivery is in person. You must use a neutral third party to serve the complaint.
Answer
The defendant typically has 30 days from service of process to file a written answer to your complaint. In the answer, the defendant will respond to each allegation made in your complaint.
Default Judgment
If the defendant fails to file a timely answer without a good excuse, the court will issue a default judgment in your favor. This means you win automatically.
Discovery
The discovery process is a court-supervised process where each party demands evidence that is in the possession of the other party. It includes depositions, written interrogatories, demands for the production of documents and physical evidence, and requests for admissions. Discovery helps both parties know where they stand and how strong their evidence is.
Motions
A motion is a written request by a party for a court to do something—dismiss the case, order the production of evidence, exclude evidence, deny the testimony of an expert witness, etc.
Trial
A trial follows a series of steps that unfold in a specific order.
It begins with voir dire, the jury selection process. Once a jury is chosen, both sides give opening statements to outline their cases. Then, they present witnesses and evidence, with each side having the opportunity to question and cross-examine. After all the evidence is presented, closing statements are made to summarize each side’s argument.
The judge then gives jury instructions, explaining the law the jury must apply. The jury moves into deliberations, which can last anywhere from minutes to weeks. Once deliberations are complete, the verdict is announced.
If one side is unhappy with the outcome, they may appeal the decision if there are legal grounds. Some trials finish in a day, while others may take months.
Small Claims Court
Illinois’s small claims court is a division of the Cook County Circuit Court. You cannot sue for more than $10,000 in small claims court. Small claims court caters to those who represent themselves by simplifying the rules of evidence and civil procedure for them.
Contact Kass & Moses Personal Injury Lawyers for a Free Consultation
If you’ve been injured and are seeking compensation for someone else’s negligence, the time to act is now. Kass & Moses Personal Injury Lawyers is ready to fight to get you the compensation you deserve.
Our Illinois personal injury lawyers have more than 64 years of combined experience and have recovered over $125 million for our clients. We offer free initial consultations, no upfront fees, and no attorney’s fees unless we win. Contact us today to schedule your free consultation.
If you have questions or need help pursuing a personal injury claim, consider contacting Kass & Moses Personal Injury Lawyers at (847) 513-9582 to get your free initial consultation.
