Source: Law Offices of RF Wittmeyer Ltd, IL
When someone negligently injures you, you need to hold them liable for their actions. It is unacceptable to bear the pain and financial consequences while the at-fault party moves freely. Filing a personal injury claim is the only legally acceptable way to hold the at-fault party responsible.
Your case may go to litigation. Many have heard of this concept but may not understand what it entails. It is crucial to understand what litigation means and how it works in personal injury claims. It will help you take advantage of the legal process. The one thing that truly matters is having a personal injury attorney by your side.
This piece highlights what litigation entails in a personal injury case:
Litigation in Personal Injury
Personal injury litigation entails suing an individual or entity for compensation for your losses and injuries in an accident. The litigation process begins with filing a claim or complaint against the guilty party.
Filing a personal injury claim involves a complex process, and having a personal injury attorney helps you navigate the legal steps effectively.
6 Steps of Litigation in a Personal Injury Claim
When you file a personal injury claim, you will undergo the following procedures in your bid for justice. The litigation process includes:
Pre-Litigation Stage
You may attempt to resolve your differences with the other party through negotiations before filing a suit. However, the at-fault party may want to take undue advantage of your leniency and propose a low-ball offer. If this is your case, you must insist on proceeding with the case.
Filing a Claim
If the negotiation is unsuccessful, you must formally file a complaint with the court through your attorney. This step will convince the other party that you are leaving no stone unturned in your bid to recover compensation for your injuries and losses.
The claim will highlight your allegations against the defendant and the damages you demand. Your requests must be clear and directly linked to the incident.
The court will then serve your complaint on the defendant, giving them a timeline to respond. The defendant will plead guilty or deny the allegations. They will also engage counsel to defend against your claims.
The Discovery Phase
The discovery phase allows both parties to exchange information and evidence crucial to the case. You demand any information you think is available from the other party to enrich your case and vice versa.
The law also allows depositions of witnesses. The discovery phase allows both parties to collect sufficient evidence for the case. Furthermore, you can file motions to demand a given action, like dismissing the matter or removing the evidence.
Pre-Trial Proceedings
The judge may also organize a pre-trial conference for all the parties involved. This conference creates a platform for both parties to negotiate and resolve the matter without trial. If the negotiations end in a stalemate, the case will move to trial.
If both parties are unwilling to compromise, believing they have a stronger chance of winning at trial than accepting the other’s terms, the case will proceed to court. However, this approach carries significant risks, as trial outcomes are often unpredictable and can favor either side. This is regardless of how strong each party believes their case to be.
The Trial Stage
This is the courtroom stage where both parties argue their claims with evidence. At this stage, what becomes of the case lies in the hands of a jury or judge. The jury or judge will listen to both sides’ arguments, consider their evidence, and decide accordingly.
Appeals
If you are not satisfied with the judge’s or jury’s decision, you can appeal to a higher court. Perhaps you observe some legal loopholes in the lower court’s ruling that you believe a higher court can resolve in your favor. The defendant can also kick-start the appeals process if they believe the ruling was unjust to them.
More Helpful Details About Litigation
Given the simple and straightforward way we have discussed personal injury litigation in this article, you may be tempted to believe that this is how seamless the process is in reality. However, such an assumption is far from the truth.
Most personal injury claims end in negotiations or settlements. If a case proceeds to trial, it becomes complex and knotty. In a high-level case, you must promptly involve a local personal injury attorney to increase your chances of a positive outcome.
Similarly, you must evaluate any settlement proposal with your lawyer. It is advisable to involve a legal professional because of their comprehensive and encompassing approach to a case. For instance, most victims may not consider the long-term consequences of their injuries and losses when negotiating a settlement.
A quick check is not advisable during a settlement. It will only meet your present needs, leaving you to grapple with your woes in the long term. An attorney will prioritize your rights and interests and work hard to get the fairest settlement deal.
Furthermore, settlement negotiations should not take forever because of the statute of limitations. In Illinois, you must sue a negligent party within two years of the accident. Thus, you need to act before the deadline runs out.
Although you can bend the rules in some circumstances, an Illinois personal injury attorney is best suited to advising you on that. They will analyze your case to determine if it falls within the few exceptions. You must not wait too long to gamble on your chances of holding the at-fault party legally responsible.
Final Words
Litigation is the process of legally holding a negligent party responsible for your injuries and losses in an incident. Your most reliable companion in personal injury litigation is a local attorney.
Contact an Illinois personal injury attorney who understands the law in your jurisdiction to help you pursue compensation and defend your rights. They have handled several similar cases and will help you achieve your desired result.
An attorney can help you douse the tension, focus on what really matters, and devise potent strategies to prosecute your case. They will point their searchlight at your injuries’ immediate and long-term implications to determine what amount to demand as compensation.
