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The Process of a Personal Injury Claim in Illinois

The Process of a Personal Injury Claim in Illinois


If you suffer injuries in a personal injury accident, such as a car collision, slip-and-fall, or medical malpractice incident, you may file a personal injury claim for compensation. Understanding the personal injury claim process in Illinois can help you know what to expect with your case, including the steps to take and how long you may wait for a settlement.

Learn the process of a personal injury claim in Illinois and how the personal injury lawyers from Nessler & Associates can help you throughout the procedure.

File a Personal Injury Claim

Your personal injury case begins when you decide to file a claim regarding your accident. Although you can file a claim with the negligent party’s insurance without legal representation, most accident victims benefit from working with a personal injury attorney. An attorney can help you file a successful claim with the right party and calculate a reasonable settlement, so you receive fair damages.

To start your case, look for an attorney specializing in personal injury cases similar to yours. For example, work with a medical malpractice attorney if you suffered medical negligence. If your personal injury results from a defective product, hire a product liability attorney.

Filing your claim with a skilled attorney protects your rights and ensures you have representation during the claims process.

Negotiating a Settlement

In your initial claim, your lawyer will lay out several aspects of your case in a demand letter. Claim documentation includes:

Circumstances of the accident

Details regarding your injuries and evidence showing their severity

Proof that their client’s actions caused the accident, that your injuries resulted from the accident, and the subsequent financial and emotional impact the damages caused

The amount of damages you are asking for in a settlement

Once the insurance company receives the claim, it will respond by accepting your terms, making a counteroffer, or denying your claim. If the company agrees to pay what you’ve asked, you’ll sign the paperwork and receive your settlement a few weeks later.

Most often, insurance companies make a counteroffer for a lower amount. If this happens, your lawyer from Nessler & Associates can help you negotiate with the insurer for a fair settlement. This process may involve communication between the company and your lawyer, resulting in a reasonable settlement.

However, if the insurance company won’t agree to fair compensation or denies your claim, your attorney can take the case to court in a personal injury lawsuit.

Filing a Personal Injury Suit

If you and your attorney seek damages in court, you must file within the two-year statute of limitations in Illinois. Preparing for a trial case involves gathering evidence, such as medical and police records, hiring expert witnesses, and getting the testimony of those who witnessed or were involved in the accident.

Your attorney will also ask for maximum compensation from the courts, including economic damages like lost wages and medical bills. They may also request non-economic damages like loss of enjoyment of life or pain and suffering caused by your injuries.

During the trial, both sides will present their evidence to the court. Your attorney will work to prove you are less than 50% responsible for your injuries under Illinois’ modified comparative negligence rule to get you compensation. Your case concludes when the judge or jury makes an award based on the evidence presented.


File Your Personal Injury Claim With Nessler & Associates

Having a skilled attorney from Nessler & Associates by your side during your personal injury case can help you understand the claims process and win a fair settlement. Our personal injury attorneys are experienced in Illinois law and personal injury claims and can walk you through each step of the legal process.

We also offer a no-fee guarantee that lets you get legal representation for your case without paying anything upfront. Contact us today at (800) 727-8010 to learn more about the personal injury claims process during a free initial consultation.



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