Before filing a personal injury lawsuit, it is important to understand the various steps involved. The legal process can be time-consuming and costly, so it is important to carefully weigh all of the potential consequences before taking action. Below are some factors you should consider when determining whether or not to file a personal injury lawsuit.
1. Determine Whether You Have A Valid Claim
The first step in filing a personal injury lawsuit in Illinois is determining whether you have a valid claim. To file a successful lawsuit, you must prove that the other party was at fault and that your injuries were caused by their negligence or wrongdoing. For example, if you were hit by a car while crossing the street, you could pursue legal action against the driver of the car under the theory of negligence.
In order to prove negligence, you would need to show that the driver owed you a duty of care and that they breached this duty by failing to use reasonable care in operating the vehicle. You will also need to show that your injuries were a direct result of the accident and that you suffered significant monetary damages as a result.
If you are not sure whether you have a valid claim, it is recommended that you consult with an attorney to discuss your case and help you determine whether legal action is warranted. You should also contact your insurance company and ask them whether they will cover the costs of your medical treatment and lost wages.
Most insurance companies offer insurance policies specifically to cover injuries resulting from auto accidents and other accidents caused by another party’s negligence. This means that you should be able to recover financial compensation for your losses through your insurance company without having to file a lawsuit.
2. File Your Claim With the Other Party’s Insurance Company
Once you have determined that you have a valid claim, the next step is to file a claim with the other party’s insurance company. In most cases, your insurance company will be willing to help you with this process and provide the necessary paperwork to help you complete your claim. However, you will usually have to file the claim on your own if your insurance policy does not cover you or the other party does not have insurance. In this case, you may need to hire an attorney to help you file a claim with the other party’s insurance company and ensure that you receive the compensation to which you are entitled.
3. Collect Evidence of Your Injuries and Damages
Once you have filed your claim with the other party’s insurance company, you will need to gather evidence to support your claim. This may include medical records, receipts for medical expenses and other costs related to your injury, photos of your injuries, and bills that show how your injuries have affected your ability to work and earn money.
When gathering this evidence, it is extremely important that you provide complete and accurate documentation. It is also important to keep detailed records of every conversation that you have with the insurance company to ensure that you are treated fairly throughout the process.
4. Make a Settlement Offer
After filing your claim with the other party’s insurance company, you will be contacted shortly afterward and asked to make a settlement offer. At this point, you will be represented by an insurance adjuster who will attempt to negotiate a settlement amount that you are willing to accept in exchange for the release of your claim. It is very important that you consult with an attorney before making this decision to ensure that your rights are protected and that you get the full amount of compensation to which you are entitled.
Keep in mind that the insurance adjuster is not on your side – he or she represents the interests of the insurance company and has the incentive to offer you the lowest possible settlement amount in order to minimize the company’s liability. If your claim proceeds to litigation, your evidence may become very important to your personal injury lawyer to prove your case to the jury at trial. For this reason, it is very important to keep your evidence organized and stored properly so that it can be easily produced in court if necessary.
5. Accept or Reject a Settlement Offer
After you have submitted your settlement offer, you will be notified of the insurance adjuster’s decision shortly thereafter. Unfortunately, there is no guarantee that the offer will be acceptable to you. If the amount offered is insufficient to cover all of your expenses and provide you with adequate compensation for your pain and suffering, you should consider hiring a lawyer to represent you during the negotiation process. Many attorneys offer their services on a contingency basis, which means that you won’t pay any attorney’s fees unless they are able to secure a favorable settlement for you.
Conclusion
The insurance company must treat you fairly and provide full and fair compensation for your claim. However, the claims process is very complicated, and it is difficult for the average person to handle it without professional assistance. It is, therefore highly recommended that you hire an experienced personal injury attorney to assist you in this process to ensure that you receive your full entitlement under the law.
