The Personal Injury Claim Process in Chicago: A Step-by-Step Guide

According to the National Safety Council, approximately 62 million Americans sought medical treatment for preventable injuries in 2023. Unexpected accidents can happen anytime, anywhere, with consequences ranging from minor injuries to life-altering harm. In many cases, the immediate and long-term impact of an unexpected accident can extend into just about every facet of a person’s life and result in ongoing physical, mental and emotional stress.

If someone else’s negligence caused your injury, you may be entitled to financial compensation to help offset the ramifications of your accident. But how exactly does a personal injury claim work? Whether you’re dealing with a car crash, slip and fall or other type of personal injury, it’s important to understand the legal process involved in fighting for compensation. Here’s a step-by-step overview of the personal injury claim process for accident victims in Chicago and the surrounding areas.

What is a personal injury claim?

A personal injury claim is a legal action filed by someone who has suffered physical, emotional and/or financial harm as the result of another party’s negligence. Personal injury claims give accident victims recourse for holding at-fault individuals, business or other entities accountable for their actions or inactions. This accountability most often comes in the form of a financial settlement, which is generally intended to compensate a victim for the personal and financial toll associated with an accident.

In order to file a personal injury claim in Illinois, an injured party must be able to demonstrate that:

1. The at-fault party in their case had a legal duty to exercise reasonable care towards the victim
2. The at-fault party failed to exercise the requisite level of care
3. The injured party suffered identifiable harm in the wake of the incident
4. The harm suffered by the plaintiff was directly attributable to the at-fault party’s failure to exercise their legal duty of care

If all of the above conditions are met, an accident victim may have cause to file a personal injury claim against the party or parties deemed responsible for their injuries. In Chicago, these claims are typically resolved through settlement negotiations, but they may proceed to trial if the parties can’t reach an agreement. In either scenario, it is important to work with an experienced personal injury attorney to ensure your case is air-tight and more likely to result in compensation.

How do personal injury cases typically progress?

Each personal injury case is unique and relies on its own distinct set of facts and conditions. Generally speaking, however, injured parties can expect their case to unfold in the following steps:

Step 1: Consultation

The first step in any personal injury case is contacting a qualified personal injury attorney. Most Chicago personal injury law firms offer free, no-obligation consultations so potential clients can discuss their case and get a sense for whether they may have a claim.

During a consultation, attorneys typically ask questions about:

• How, when and where an accident took place
• What kinds of injuries occurred as the result of the accident
• Whether the victim sought medical treatment or mental healthcare after the incident
• Who was involved in an accident
• Any expenses for which a victim may be owed compensation

Depending on the client’s answers, the attorney will determine whether the victim has the basis for a claim under Illinois law and make recommendations for next steps. The attorney will also educate the client on the standard legal process and the relevant legal fee structure. If the client decides to move forward, the firm will begin building a case and taking additional steps to fight for just compensation.

Step 2: Investigation

Once a client hires an attorney, the firm will typically launch a thorough investigation into the accident and begin the process of gathering evidence. Whether an accident occurred a week ago or several months ago, evidence plays a vital role in supporting a victim’s claims and building a clear case for liability. Some of the evidence commonly gathered during the investigative process may include:

• Medical records
• Hospital/doctors’ bills
• Police or incident reports
• Photos or videos of the accident scene
• Eyewitness statements
• Insurance documents and communications
• Surveillance footage
• Pay stubs or other workplace records
• Testimony from friends and family about the personal toll of an accident

The sooner evidence is secured, the better – particularly if an accident occurred several weeks or months prior. The longer you wait to begin collecting evidence, the more likely you are to encounter problems with evidence being destroyed, compromised or misplaced.

Step 3: Demand letter

The next step in the process is for an attorney to prepare and send a demand letter to the at-fault party’s insurance company outlining what happened in the accident, why the client believes the other party to be at-fault, a summary of relevant injuries and the amount of compensation being requested. Once the other party’s insurance company receives this letter, they can kick off the negotiation phase by submitting a counteroffer.

Throughout this process, the attorney will handle all communication on behalf of their client and work towards arriving at a fair, mutually-agreeable settlement amount. Most personal injury claims in Chicago settle out of court via direct negotiation or mediation. However, if negotiations stall or the insurer refuses to offer a fair amount, the next step may be litigation.

Step 4: Filing a suit

If a settlement can’t be reached by other means, an attorney may file a personal injury lawsuit in the appropriate Illinois jurisdiction to fight for a better resolution for their client. Filing a lawsuit doesn’t necessarily mean a case will go to trial, but it signals a client and their team is serious about pursuing full compensation. Under Illinois law, clients generally have two years from the date of the injury to file a personal injury lawsuit. In limited cases where the injury is not immediately discoverable, the clock may begin when the harm is discovered or reasonably should have been.

Step 5: Discovery

Once a lawsuit is filed, the case enters a phase called discovery. Discovery is the formal process where both sides exchange evidence and gather more information to prepare for trial. The discovery process helps clarify the strengths and weaknesses of each side’s case and can help to head-off any unexpected surprises from the opposing side. In some cases, discovery can lead to renewed settlement negotiations or encourage new explorations of mediation, and it is not uncommon for many personal injury cases to settle during or after discovery without ever going to trial.

Step 6: Trial

If a case proceeds to trial, both sides will present their arguments, evidence, witness statements and possibly expert testimony before a judge or jury. The plaintiff’s attorney will advocate for their client’s rights throughout this process and attempt to present a strong case for compensation. The defense will also have the opportunity to rebut the plaintiff’s claims of liability by presenting their own evidence and testimony. At the conclusion of the trial, the judge or jury will decide whether or not the defendant is liable based on a preponderance of the evidence. If the defendant is deemed liable for the plaintiff’s injuries, the court will also assess how much compensation is merited.

Step 7: Settlement/judgment collection

Regardless of whether a case is settled in or out of court, the final step in any personal injury case is the collection of compensation. Payment timelines may vary, but settlement payments are typically processed within a few weeks. If a case goes to trial, judgement collection can be a bit more complicated and may require additional legal action to ensure compliance. Once payment is received, agreed-upon attorneys’ fees and certain upfront costs will be deducted from the total amount, and the remainder will be awarded to the plaintiff.

Looking for representation?

The personal injury claim process in Chicago and the surrounding areas can be complex, but you don’t have to go through it alone. At Gainsberg Injury and Accident Lawyers, we are committed to helping accident victims and their loved ones navigate the legal system with ease and confidence. We understand how taxing it can be for accident victims to balance their recovery efforts with the demands of the legal process and pride ourselves on providing compassionate, end-to-end support for clients across the region.

Whether you were injured in a car crash, slipped on an icy sidewalk downtown or suffered harm as the result of other unsafe conditions, you have rights and deserve to exercise them accordingly. Contact us today for a free case review. We are standing by to help you better understand your legal options.