EXPERIENCED PERSONAL INJURY ATTORNEYS
A Step-by-Step Guide to Filing and Pursuing a Personal Injury Lawsuit in Illinois
Instructions from Illinois Trial Lawyers On What It Takes To Win Your Case
If you were injured in a car accident, a slip and fall, or another incident caused by negligence, you may be wondering how to move forward. Filing a personal injury claim can seem overwhelming, but understanding your legal rights and the steps involved can make all the difference. At John J. Malm & Associates, we are committed to providing resources to help Illinois residents navigate this process. Personal injury claims are common in the U.S., with over 400,000 filed each year—more than half of which are motor vehicle accident cases. Whether you’re seeking compensation for medical bills, lost wages, or other damages, this guide is here to walk you through the key steps of filing a personal injury lawsuit in Illinois.
What Is a Personal Injury Lawsuit?
A personal injury lawsuit is a legal action brought by someone who has suffered harm due to another party’s negligence or intentional wrongdoing. Common types of personal injury cases in Illinois include:
The purpose of a personal injury lawsuit is to recover compensation for the damages caused by the at-fault party. These damages may include medical expenses, lost income, pain and suffering, and other financial or emotional hardships.
Step 1: Seek Immediate Medical Attention
Your health should always be your first priority. After an accident, seek medical attention even if you think your injuries are minor. Some injuries, like concussions or internal bleeding, may not show symptoms right away but can worsen if untreated.
Additionally, medical records will serve as important evidence in your case. Be sure to document all medical appointments, treatments, and expenses. This information will help your attorney evaluate your claim and calculate the compensation you may be entitled to.
Step 2: Consult an Experienced Illinois Personal Injury Attorney
Once you’ve received medical care, the next step is to consult with an experienced Illinois personal injury attorney. Navigating Illinois personal injury law can be complex, and a knowledgeable lawyer can help ensure your rights are protected.
At John J. Malm & Associates, our team has over 90 years of combined litigation experience. During your consultation, we will:
- Evaluate the facts of your case
- Determine its strengths and potential challenges
- Advise you on whether to pursue settlement negotiations or litigation
“Personal injury cases are not just about compensation—they’re about helping victims rebuild their lives,” says John J. Malm, a seasoned Illinois car accident lawyer. “Our goal is to provide every client with compassionate, skilled representation tailored to their unique needs.”
Step 3: Reaching Maximum Medical Improvement (MMI)
Before proceeding with a lawsuit, it’s important to reach Maximum Medical Improvement (MMI). MMI means your doctor has determined that your condition has stabilized and further significant recovery is unlikely. This milestone allows for an accurate evaluation of your medical expenses, long-term care needs, and other damages.
Reaching MMI is essential for calculating the full value of your claim. Your attorney will use this information to assess the compensation you may seek, including:
- Medical expenses (current and future)
- Rehabilitation costs
- Lost wages or diminished earning capacity
- Pain and suffering
Step 4: Preparing a Settlement Demand
With a clear understanding of your injuries and damages, your attorney will prepare a written settlement demand to send to the at-fault party’s insurance company. This document outlines:
- The facts of the case
- A summary of your injuries and treatments
- Supporting documentation, such as medical bills and wage loss records
- The total amount of compensation sought
Settlement negotiations often follow the submission of the demand letter. Many personal injury cases resolve at this stage, saving time and resources for both parties. However, if the insurance company refuses to offer a fair settlement, filing a lawsuit may be necessary.
Step 5: Filing the Complaint and Serving the Defendant
If settlement negotiations fail, your attorney will file a complaint with the appropriate Illinois court. The complaint is a formal document that:
- Identifies the parties involved
- Explains the circumstances of the injury
- Details the damages sought
- States the legal grounds for the claim
Once filed, the court issues a summons, which notifies the defendant of the lawsuit. The summons and complaint must be served on the defendant, typically by a process server or sheriff. Proper service ensures the defendant is aware of the lawsuit and has the opportunity to respond. The defendant usually has 30 days to file a response, which may include admitting or denying the allegations or filing motions to dismiss the case.
Step 6: The Discovery Phase
The discovery phase allows both sides to gather evidence and build their cases. It includes two key components:
Written Discovery
Written discovery involves exchanging formal requests for information, including:
- Interrogatories: Written questions that each party must answer under oath
- Requests for Production of Documents: Demands for documents like medical records, accident reports, and insurance policies
- Requests for Admissions: Statements that the other party must admit or deny
Depositions
Depositions are in-person, sworn testimonies taken outside of court. Witnesses, parties, and experts are questioned by attorneys from both sides, with a court reporter documenting the proceedings. Depositions provide valuable insights into the strengths and weaknesses of each party’s case.
Step 7: Pre-Trial Preparations
As the trial date approaches, both sides engage in extensive preparation. This includes:
- Finalizing witness lists
- Filing pre-trial motions (e.g., motions to exclude certain evidence)
- Preparing opening statements and closing arguments
- Developing trial strategies
Many cases settle during pre-trial preparations, as both parties work to avoid the uncertainty of a courtroom verdict.
Step 8: The Trial
If no settlement is reached, your case will proceed to trial. During the trial:
- Your attorney will present evidence, call witnesses, and argue that the defendant’s negligence caused your injuries.
- The defense will have the opportunity to refute these claims.
In Illinois, the burden of proof in personal injury cases is the preponderance of the evidence standard. This means your attorney must demonstrate that it is more likely than not (more than 50%) that the defendant is responsible for your injuries.
A skilled trial attorney can make a significant difference in securing a favorable verdict.
Understanding the Costs and Risks
Filing a personal injury lawsuit involves financial and emotional risks, including:
- Legal fees (often handled on a contingency basis)
- Costs for expert witnesses and evidence preparation
- The time and emotional toll of litigation
At John J. Malm & Associates, we work on a contingency fee basis, meaning you only pay if we win your case. This ensures that financial concerns do not prevent you from pursuing justice.
“Every case is unique,” says top-rated Illinois personal injury attorney, John J. Malm. “We work closely with our clients to weigh the evidence, risks, and potential outcomes, empowering them to make informed decisions about their legal options.”
Why Choose John J. Malm & Associates?
With offices in Naperville and St. Charles, John J. Malm & Associates has built a reputation for providing exceptional legal representation in personal injury cases. Our experienced team handles a wide range of claims, including:
What sets us apart:
- Over 90 years of combined litigation experience
- A proven track record of successful outcomes
- Compassionate, client-centered representation
- Convenient locations in Naperville and St. Charles
Get A Free Consultation with the Top-Rated Personal Injury Attorneys at John J. Malm & Associates
Filing a personal injury lawsuit in Illinois can feel overwhelming, but you don’t have to face it alone. At John J. Malm & Associates, we’re here to provide guidance, advocacy, and support every step of the way.
If you’ve been injured due to someone else’s negligence, contact us today to schedule a consultation at one of our offices in Naperville or St. Charles. Let us help you take the first step toward justice and the compensation you deserve.