If you have been involved in an accident, you are probably wondering what to expect. How long will your case take to resolve? Will you have to go to court? Whether you have been involved in a car accident, a truck accident, a motorcycle accident, a bicycle accident, or a pedestrian accident, the general timeline of these accidents is the same.
All of these claims fall under negligence actions, which require the victim to show:
- The victim was owed a duty by the at-fault party;
- This duty was breached by the at-fault party’s negligence; and
- Due to this negligence, the victim was injured.
The first step you should take after being involved in an accident is seeking an experienced auto accident injury attorney. With the assistance of an attorney, you will significantly improve your chances of recovering money in your case. Your attorney will make sure that your legal rights are protected and that all avenues of recovery are pursued so that you obtain the maximum amount of money available under the law.
Your attorney will begin gathering and reviewing the evidence in your claim and will likely discuss it with the opposing party’s insurance company. Once enough evidence has been gathered, your attorney may create what is called a demand. The demand lays out all of the damages in the case and requests a settlement amount. However, it is likely that the insurance company will reject this settlement offer. If your attorney cannot negotiate a settlement with the insurance company, it may become necessary to file a lawsuit.
To file a lawsuit, your personal injury attorney simply drafts documents called a summons and a complaint. This is also called filing a lawsuit. These documents tell the at-fault party that they need to respond to the lawsuit. They also lay out all of the allegations of wrongdoing against the at-fault party. For example, was the driver texting while driving? Did the driver run a stop sign? The driver’s negligence will be described in the lawsuit.
After the lawsuit has been filed and served on the at-fault party, the at-fault party has a certain amount of time to respond to the allegations. The at-fault party must file an answer to respond to the lawsuit. The answer may admit or deny the allegations in the lawsuit.
Once these documents have been filed, the parties move into the discovery phase. During discovery, the parties exchange evidence that supports their claims. The victim may submit medical records, for example. At any time in the discovery phase, the parties are free to settle their claim. Some parties negotiate a settlement on their own, whereas others may hire a mediator. If the parties cannot settle, they may need to go to trial.
If you have been involved in an Illinois accident, contact the law firm of Stein & Shulman, LLC today
At Stein & Shulman, we are experienced in all types of accident claims. To schedule your free consultation with our excellent personal injury firm, call 312-422-0500 today.
If you were injured in an accident, contact Stein & Shulman, LLC Today
Free, Instant Case Review – Call (312) 422-0500
If you were injured in a vehicle accident in Illinois, contact Stein & Shulman, LLC, today to discuss your legal options with a skilled Car Accident Injury Attorney. You can schedule a case consultation at no cost to you by calling our office at (312) 422-0500.
Stein & Shulman, LLC
134 N LaSalle St, #820
Chicago, IL 60602