When to File a Personal Injury Lawsuit in Chicago

After an accident, it’s normal not to know what to do next. Your to-do list is probably a mile long, between medical checkups, vehicle repair quotes, time away from work, and phone calls from insurance adjusters. Throughout this process, it’s important to put your needs first and think about how you want to proceed legally. One of the most common questions that comes up during our consultations is whether legal action is necessary.

The answer depends on many factors, most of which are unique to your specific accident and situation. To learn more, contact Gainsberg Injury and Accident Lawyers today.

What is a personal injury lawsuit?

A personal injury lawsuit is a legal action filed by a victim after they are harmed because of another person’s negligent, reckless, or intentional conduct. The lawsuit seeks financial compensation for the victim’s losses, including medical expenses, lost wages, pain and suffering, property damage, and long-term disability.

A lawsuit isn’t the same thing as an insurance claim or settlement. Many cases start out with an insurance claim, but a lawsuit may be filed before negotiations conclude to preserve deadlines and legal rights.

Common situations leading to personal injury lawsuits

Personal injury lawsuits arise in a wide variety of situations in Chicago, including:

• Car, truck, and motorcycle accidents
• Pedestrian and bicycle accidents
• Slip and fall incidents
• Dog bites
• Work injuries involving a third party
• Construction accidents
• Medical malpractice
• Assault

In each of these types of claims, there is a victim who suffered injuries because someone else either acted intentionally or failed to take proper and reasonable care. In general, a lawsuit arises when the insurance company does not accept liability, disputes damages, or refuses to negotiate fairly.

Many cases involve clear liability. In those situations, the insurance company may be more open to settling because they’re unlikely to win in court. More complex cases, where liability isn’t quite as clear, may be more likely to result in litigation, because the other party may feel a little more confident about their chances at trial.

The statute of limitations in Illinois

You only have a limited amount of time to file a personal injury lawsuit, no matter which state you’re in. The statute of limitations varies by state, so we recommend speaking with an attorney right away. The sooner you find out if you have a strong case, the less likely you are to miss this deadline.

In Illinois, the deadline to file most personal injury claims is generally two years from the date of injury, but some cases have shorter or different deadlines. For example, medical malpractice has special limitations and repose rules.

While you may legally have two years to file, starting the process much sooner is a safer bet. This allows you to preserve evidence, take action when your memory of the incident is still fresh, and stop medical bills and other expenses from piling up.

When insurance negotiations aren’t enough

The vast majority of personal injury claims are settled during informal negotiations. Going to court is expensive, and neither accident victims nor insurance companies want the stress or expense of a drawn-out legal battle. However, insurance companies also don’t want to write checks unless they absolutely have to. That’s why, in complex cases or cases involving multiple parties, insurance companies may be more willing to take the risk of going to court.

Taking legal action is more likely in some situations, including cases where the insurance company denies liability, the insurance company refuses to budge from a low settlement offer, fault is unclear, multiple parties are involved, or you have severe (and expensive) injuries. If the insurance company thinks you’re unlikely to actually sue them, they may delay or deny your efforts to recover compensation.

Filing a lawsuit doesn’t mean going right to trial

When people think about filing a lawsuit for a personal injury, they often think about the stress and uncertainty that comes with going to court. But it’s important to note that filing a lawsuit does not mean you’ll be in court next week. In fact, many cases still never end up in a courtroom, because both parties can choose to settle at any point in the process. Filing a lawsuit simply preserves your legal rights, shows that you aren’t afraid to escalate the issue, and strengthens your negotiating position.

If your case does go to court, you’re months away from actually being in front of a judge and jury. There are several steps in the lawsuit process, and your personal injury attorney can guide you through each of them.

Signs it’s time to file a lawsuit

Wondering if it’s time to file a lawsuit and take your case one step further? It may be time to sue if:

• Negotiations have stalled, and there doesn’t seem to be a path forward
• Your expenses are continuing to mount, and you’re unable to return to work for the foreseeable future
• The insurer insists that they are not liable for the accident
• The insurer is committed to offering an incredibly low settlement offer
• Your claim involves multiple parties, and both parties blame the other for your injuries
• Your future costs are increasing, and you aren’t sure how you’ll get the care you need

This is why it’s important to work with an attorney. They’ll know when it’s time to sue and how to use timing as leverage.

Fight for justice with Gainsberg Injury and Accident Lawyers

Our team of personal injury lawyers is ready to help you demand what you are owed. Get in touch with us online or call us today to set up a consultation right away.