If the injured party does not file in time, he or she usually loses the right to pursue compensation, no matter how serious the injuries are or how strong the case is.
A personal injury lawsuit timeline in Chicago usually starts with filing a lawsuit before the personal injury claim deadline passes. The timeline includes pretrial, with discovery and settlement negotiations. The case goes to trial if the parties do not reach a settlement. Overall, a lawsuit can take from a year to three years to resolve, depending on the severity of the injuries, how complex the case is, and whether it settles or reaches trial.
Consulting with a personal injury lawyer as early as possible helps you streamline the process, meet deadlines under the statute of limitations, and protect your rights. Call Ankin Law at 312-600-0000 to talk about your case.
When to File Your Lawsuit
In Illinois, injuries are the leading cause of death for people 1 to 44 years old. Many injured people or their families file lawsuits after failed discussions with insurance companies.
The Illinois personal injury statute of limitations generally gives people two years from the date of the injury to file a lawsuit. In other words, the courts are likely to dismiss your case if you do not file within two years.
That said, exceptions such as the injured person being a minor or the injury not being immediately obvious can extend the two-year limit. To help you meet the deadline, talk with a personal injury lawyer as soon as possible.
Timeline-wise, insurance companies may need a few weeks to investigate claims, and negotiations may take a few more weeks to a few months. If negotiations fail, the process of filing a lawsuit requires a few weeks to a few months. Much depends on how quickly your attorney prepares the case. Factors such as how much time is left before the statute of limitations expires and the availability of evidence affect how quickly the filing happens.
What Takes Place During the Pre-Trial Phase?
Once you file a lawsuit, your case enters the pretrial phase. It may take six months to more than a year. During discovery, both parties gather evidence, conduct depositions, and exchange information. Motions may follow (for example, motions to dismiss). These activities before trial may require a few weeks to months to resolve.
Pleadings
This early stage of the pretrial phase in Chicago involves the parties exchanging formal statements of claims and defenses. The plaintiff (injured party) files a complaint outlining his or her claims. The defendant responds with the planned defense.
Discovery
Discovery is one of the longest parts of a personal injury lawsuit timeline. In especially complex cases, discovery may require more than a year. It involves depositions, interrogatories, and the collection of documents.
Depositions are formal testimonies that occur out of courtrooms. Attorneys for both parties can ask questions to get more information on details related to the case. Court reporters record each word spoken so that the parties can refer to testimony later if needed. Major purposes of deposition are to get an idea of a witness’s credibility and perspective, and to lock in testimony. Witnesses may not be available for trial later due to death, health issues, or other reasons.
Interrogatories are written questions one party asks the other. Witnesses and other parties can answer them, too. The answers should be detailed and made under oath. The questions can cover basic matters or delve into witness identities or the nature of injuries or damages. Interrogatories can help the parties get a better grasp on the facts and on how strong their positions are.
An attorney may choose a deposition for the chance to engage directly with witnesses and ask follow-up questions, among other reasons. However, interrogatories are more cost-effective and can be completed more quickly. Some witnesses may also feel more comfortable answering written questions. Their answers might reflect this by being more thoughtful or thorough.
Collecting documents is another important part of discovery. Medical records, financial statements, contracts, photos, emails, and many other types of documents can shed light onto a case. The parties make requests for documents, and court intervention is necessary sometimes to get the other sides to produce documents.
Motions
Either side can file motions to the court during the personal injury lawsuit timeline. For instance, defendants who think that cases lack merit might file motions to dismiss. These motions are more likely to succeed if the complaint lacks a valid legal claim, a lack of jurisdiction exists, or procedural errors are present.
Meanwhile, a motion for summary judgment could be filed by a party who sees no need for trial because the facts are clear. These motions are more likely to succeed when both parties agree on the facts but do not see eye-to-eye on how to apply the law. Other motions include motions to exclude evidence before a trial.
Settlement Negotiations
Settlement discussions often occur throughout the pretrial phase, and you may want to settle your personal injury case before trial. Doing so lowers costs and the unpredictability of a trial’s outcome.
For example, the cost to pursue a personal injury case includes expert witness fees and court costs. These expenses may have added up, making settlement more appealing for some plaintiffs.
This may be true even if plaintiffs are not paying these costs out of pocket. Personal injury lawyers typically work on a contingency fee basis and get paid a portion of the settlement or judgment. They also get paid only if the case has a successful resolution.
However, witness fees and other legal expenses can get hefty and mean less compensation for the client later. Witnesses commonly include doctors and accident reconstruction professionals, and fees can run into the tens of thousands of dollars. Deposition costs can be several thousand dollars, as can investigation expenses. Court filing fees and administrative costs can add another few thousand dollars.
Whether to settle or proceed with a trial hinges on many factors, including the strength of a party’s case, the amount of damages sought, and the other party’s willingness to negotiate fairly. Settlement can save time and money, but a trial may offer the maximum compensation possible. A trial also may offer no compensation at all.
When Will My Case Go to Trial?
A personal injury lawsuit timeline does not necessarily include trial. Your case goes to trial in Chicago only if settlement talks fail and motions do not resolve the case.
The trial itself may take a few days to a few weeks. However, it may not occur for a few months or even a year after discovery ends. Scheduling a trial depends on court availability, case complexity, and pretrial motions or hearings that need to be resolved.
Common steps in a trial include jury selection, opening statements, witness testimony, and closing arguments. The jury deliberates to reach a verdict. If it favors the plaintiff, the jury discusses the amount of compensation to award. How nuanced the evidence is and how thoroughly the jury deliberates are two major factors affecting how long a trial lasts.
Settlement negotiations, with offers and counteroffers, may still be going on alongside the trial. Lawyers work with their clients to ensure any settlement terms accepted are in their best interests. If a settlement occurs, no further trial happens. The jury does not need to render a verdict or decide on compensation.
How Can the Statute of Limitations Affect a Personal Injury Lawsuit Timeline in Chicago?
In Illinois, the statute of limitations, or the personal injury claim deadline, is generally two years from the date of the injury. A few exceptions can add time, but in cases involving government entities, injured people may have just one year to file.
Insurance Negotiations
Insurance companies may stall in their settlement discussions when they know little time is left before the statute of limitations expires. Their hope is that the injured party will accept a settlement offer that is lower than fair.
Right to Proceed With the Lawsuit
If the injured party does not file in time, he or she usually loses the right to pursue compensation, no matter how serious the injuries are or how strong the case is. Exceptions do apply, and it is always a good idea to meet with a lawyer. Insurance companies may also agree to some type of compensation even if the claim time limit is up to avoid bad publicity, among other reasons.
Completeness of Preparation
Rushing to meet the two-year deadline can cut into the time attorneys have to gather medical records, interview witnesses, and take other steps necessary to build your case. Not being able to thoroughly prepare may affect the quality of a case.
A personal injury lawsuit timeline involves many parts. Contact us at Ankin Law to discuss your options if you or a loved one has been injured.
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