While some personal injury cases are resolved through an insurance settlement, some cases do proceed to trial. Concluding a lawsuit can be a lengthy process, so it is important that you understand what to expect and speak with a Chicago personal injury lawyer who can help resolve your case as quickly as possible.
Typical Injury Lawsuit Timeline
If you try to search for a typical injury lawsuit timeline, you may get varying answers, ranging from a few days to a few years. This is because there is no such thing as a “typical” personal injury case or timeline.
While the lawsuit timeline can vary, personal injury claims typically consist of the following stages:
- Claim investigation – The insurance adjuster assigned to your case and your personal injury lawyer may investigate your claim by reviewing evidence such as:
- Accident reports
- Medical records
- Photos of the accident scene, property damage, and your injuries
- Medical bills, employment records, property damage estimates, and other documented losses you incurred because of the accident
- Statements from parties and witnesses
- Preparation of a demand letter – Your lawyer will compile evidence about the value of your claim and send a letter demanding full compensation from the insurance company.
- Negotiations – Some personal injury claims end after one or more rounds of negotiations with the insurance company.
- Lawsuit – If the case has not settled at this point, your lawyer may file a lawsuit against the negligent defendant(s). The defendant is served with your petition and a summons, indicating the deadline to respond to avoid a default judgment.
- Discovery – Your lawyer and the defendant’s lawyer may engage in a formal discovery process in which they identify each other’s witnesses, legal arguments, and evidence they plan to present at trial.
- Pretrial conferences – The court may schedule conferences before the trial date in an effort to get the parties to settle their case or provide updates to the court about their progress.
- Trial – If the case has not settled up until this point, it may proceed to trial. A jury is selected. Both sides have an opportunity to present their legal arguments, evidence, and witnesses. The jury determines whether the plaintiff has proven their case and the amount of damages to award.
Factors that Can Affect the Length of a Lawsuit
Some factors that can affect the potential length of a lawsuit include:
- Medical treatment – You may need to wait until you have reached maximum medical improvement (MMI) before you file a lawsuit. This ensures you know the full extent of your injuries and their impact on your life before you try to resolve your claim.
- Complexity of the case – More complicated cases may take longer to resolve than simpler cases. For example, a Chicago car accident case may resolve much more quickly than a medical malpractice or birth injury case.
- Amount of damages – If your demand for compensation is within the insurance policy limits, your case may settle more quickly than if high amounts of damages are involved because the insurance company may want to fight a sizable award.
- Caseload – If a lot of court cases are pending in your jurisdiction, you may have to wait longer for available court dates.
What to Know to Be Prepared
It is understandable that you may be anxious to wrap up your case and collect your settlement check. You may have expensive medical bills and may have gotten behind on other financial obligations because you’ve been out of work. However, once you accept a settlement offer from an insurance company, you cannot typically go back and try to get more money later. This is the case even if you discover your injuries are worse than you expected or you receive bills you did not anticipate having.
An experienced personal injury lawyer can help calculate the full extent of your damages and explain how your injuries may impact your future so that you know the true value of your claim when negotiating for a fair resolution. Patience is key to obtain fair compensation for your personal injury claim.
Injured in a Chicago Area Accident? Salvi, Schostok, & Pritchard P.C., Can Help
If you have suffered a personal injury because of someone else’s carelessness, our dedicated team is here to assist you. We can explain your legal rights, advise you of your options, and do everything possible to move your claim along. Our unrelenting dedication has allowed us to recover more than $2 billion to date on behalf of our deserving clients. Contact us today for your free case review with Salvi, Schostok & Pritchard P.C.
