What Is the Legal Process in a Personal Injury Case?

Sangamon County Lawyers Explain the Steps Followed When Seeking Compensation for a Serious Injury

Serious injuries can be devastating, and they can affect a person and their family for years. Whether you have been injured in a car accident, because of medical malpractice, by a defective product, or for other reasons, you will want to understand how you can receive financial compensation that will allow you to make a full recovery. An experienced personal injury lawyer can provide the legal help you need and ensure that you follow the correct steps to receive the payments you deserve.

At Kanoski Bresney, our attorneys have been fighting for the rights of injury victims for more than 40 years, and we have helped our clients receive compensation in a wide variety of different types of cases. With a total of over $400 million obtained on behalf of victims and their families, we are ready to do what is needed to make sure you are repaid for all of the damages you have suffered. Our dedication to providing you with respect, response, and results will ensure that you follow the right steps during the personal injury legal process.

What Happens During a Personal Injury Case?

After suffering a personal injury, you should contact an attorney as soon as possible. By discussing your injury with our lawyers, we can help you understand your legal options, and we will assist with insurance claims and take legal action to pursue financial compensation. During your case, we will help you take the following steps:

1. Gathering evidence - We will work to uncover all relevant information about your injury. It is important to act quickly to obtain and preserve evidence while it is available. For example, footage of a car accident from security cameras or traffic cameras should be obtained before it is deleted, or photographs of the conditions that led to a slip and fall accident should be taken before these conditions are corrected or repaired. It is also important to keep organized records of the treatment you have received or purchases of medical supplies or other items needed to address the effects of your injury.
2. Establishing liability - We can determine all parties who were responsible for your injury and determine the options for pursuing compensation. For example, a negligent driver may be responsible for a car accident, but other liable parties may include manufacturers of defective auto parts or a local or state government that did not correct a dangerous highway. In premises liability cases, both the property owner and the tenant in control of the property may be liable for injuries.
3. Filing a personal injury lawsuit - We will make sure a lawsuit is filed within the applicable statute of limitations, which is two years for most Illinois personal injury cases. After the lawsuit is filed, a judge will be assigned to the case, and the judge will set dates for when certain steps should be taken to move the case forward.
4. Discovery - After a lawsuit is filed, both sides will use various methods to obtain information about the case. This process often begins with interrogatories, in which each side sends questions to the other, asking them to confirm or deny certain details or other pieces of information. This may be followed by depositions in which witnesses provide testimony under oath about relevant details related to the case. Subpoenas may also be used to obtain records or other information. The discovery process can often take a great deal of time, especially since the effects of your injury may not be fully known until you have received treatment and physical therapy and gained an understanding of all the ways your life has been affected.
5. Settlement or trial - Depending on the information uncovered during the discovery process, we may be able to help you negotiate a settlement that will meet your needs. In some cases, methods such as mediation or arbitration may be used to reach a settlement that both sides can be satisfied with. If a settlement cannot be reached, your case will proceed to trial, and we will advocate on your behalf before a jury to demonstrate that the defendant was responsible for your injuries and show that you should be awarded financial compensation that addresses your medical expenses, lost income, pain and suffering, and any other damages you have experienced.

During your case, you will want to be careful about discussing the details of your accident or injury with anyone. Saying the wrong thing to the wrong person could harm your ability to receive compensation. You should also avoid discussing your injury or recovery on social media. Information you post or pictures you share could be used against you to claim that your injuries are not as bad as you say they are. By discussing these issues with your attorney, you can make sure you are taking the right steps to protect your right to receive compensation.

Contact Our Champaign, IL Personal Injury Attorneys

If you have suffered injuries because of someone else's actions or negligence, Kanoski Bresney will provide legal help and representation to ensure that you are repaid for the harm done to you and your family. We are not afraid to stand up to large insurance companies or other defendants, and we will fight to help you receive the financial resources you deserve. Contact us by calling our office at 888-U-COUNT-2 or 888-826-8682 to set up a complimentary consultation with our lawyers. We assist with all types of personal injury cases in Macon County, Champaign County, Sangamon County, Rushville, Schuyler County, McDonough County, Peoria, Bloomington, Pekin, Tazewell County, Decatur, Macomb, Champaign, Peoria County, McLean County, Springfield, Quincy, and Adams County.