When settlement negotiations fail and your personal injury case heads to court, understanding the litigation process helps you prepare for what lies ahead. While most Illinois injury cases settle before trial, knowing each step of a lawsuit empowers you to make informed decisions about your claim.
Phase 1: Filing the Lawsuit
The Complaint
Your lawsuit begins when your attorney files a complaint with the appropriate Illinois court. For most Chicago-area personal injury cases, this means filing in the Circuit Court of Cook County. The complaint identifies the parties, describes what happened, explains how the defendant was negligent, and states what damages you’re seeking.
Illinois requires personal injury lawsuits to be filed before the statute of limitations expires—typically two years from the date of injury under 735 ILCS 5/13-202.
Service of Process
After filing, the defendant must be formally notified of the lawsuit through service of process. A process server or sheriff delivers copies of the complaint and summons to the defendant, giving them legal notice that they’re being sued.
The Answer
The defendant typically has 30 days to file an answer responding to your complaint. They’ll admit or deny each allegation and may raise affirmative defenses—legal arguments that could reduce or eliminate their liability, such as comparative negligence or assumption of risk.
Phase 2: Discovery
Discovery is the formal process where both sides gather information about the case. This is typically the longest phase of litigation, often lasting 6-12 months or longer in complex cases.
Written Discovery
Interrogatories: Written questions that must be answered under oath. You’ll answer questions about the accident, your injuries, medical treatment, and how the injury has affected your life.
Requests for Production: Demands for documents relevant to the case, including medical records, employment records, photographs, and communications about the accident.
Requests for Admission: Statements the other party must admit or deny, helping narrow disputed facts before trial.
Depositions
Depositions are in-person question-and-answer sessions conducted under oath, with a court reporter creating a transcript. Key depositions in personal injury cases include:
- Your deposition: Defense attorneys will question you extensively about the accident, your injuries, medical history, and daily life
- Defendant’s deposition: Your attorney questions the person who caused your injuries
- Witness depositions: Testimony from people who saw the accident or can speak to your condition
- Expert depositions: Medical experts, accident reconstructionists, and economists may be deposed
Independent Medical Examination
Illinois law allows defendants to request an independent medical examination (IME) where you’re examined by a doctor chosen by the defense. While called “independent,” these doctors are paid by insurance companies and often minimize injuries.
Phase 3: Pre-Trial Motions and Mediation
Motion Practice
Before trial, attorneys file various motions to shape the case:
- Motion for Summary Judgment: Asking the court to decide the case without trial based on undisputed facts
- Motions in Limine: Requests to exclude certain evidence or arguments from trial
- Daubert Motions: Challenges to expert witness qualifications or methodology
Mediation
Many Cook County judges require parties to attempt mediation before trial. A neutral mediator helps both sides negotiate, trying to reach a settlement that avoids the time, expense, and uncertainty of trial. Many cases settle during mediation.
Phase 4: Trial
If settlement isn’t reached, your case proceeds to trial. Illinois personal injury trials typically last anywhere from 3 days to several weeks, depending on complexity.
Jury Selection
Voir dire is the process of selecting jurors. Attorneys question potential jurors about their backgrounds, biases, and ability to be fair. Each side can exclude certain jurors for cause or use a limited number of peremptory challenges.
Opening Statements
Both attorneys present overviews of their cases to the jury, explaining what the evidence will show.
Plaintiff’s Case
As the plaintiff, you present your evidence first. This includes testimony from you, witnesses, and expert witnesses, along with documentary evidence like medical records, photographs, and accident reports.
Defendant’s Case
The defense then presents its evidence, typically attempting to show the defendant wasn’t negligent, you were at fault, or your injuries aren’t as serious as claimed.
Closing Arguments and Verdict
After all evidence is presented, both attorneys deliver closing arguments. The judge instructs the jury on applicable law, and jurors deliberate until reaching a verdict.
Phase 5: Post-Trial
Even after a verdict, the case may not be over:
- Post-trial motions: Requests to reduce the verdict or order a new trial
- Appeals: Either party may appeal to the Illinois Appellate Court
- Collection: Obtaining actual payment of the judgment
Typical Timeline for Illinois Personal Injury Lawsuits
| Phase | Typical Duration |
|---|---|
| Filing to Answer | 1-2 months |
| Discovery | 6-12 months |
| Pre-trial motions | 2-4 months |
| Trial | 3 days – 3 weeks |
| Total (without appeal) | 12-24+ months |
Complex cases, especially those involving catastrophic injuries or multiple defendants, may take longer. Cases that settle during discovery or mediation resolve faster.
Guidance Through Every Step
Navigating the Illinois court system requires experienced legal guidance. At Phillips Law Offices, we’ve handled thousands of personal injury cases through every phase of litigation. Whether your case settles or goes to trial, we’re prepared to fight for the compensation you deserve. Contact us today for a free consultation.
