A serious car accident in Chicago can turn your life upside down in seconds. Between medical bills, lost wages, and constant calls from insurance adjusters, it’s easy to feel overwhelmed. Many accident victims wonder what actually happens if their case turns into a lawsuit—and how long the process might take. Knowing what to expect can help reduce stress and allow you to focus on recovery while your attorney handles the legal fight.
At Chicago Personal Injury, we’ve guided countless clients through the car accident lawsuit process in Illinois. Below, we explain each stage, from filing to resolution, and how an experienced Chicago car accident lawyer protects your rights every step of the way.
Step 1: Medical Treatment and Initial Investigation
Before any lawsuit is filed, the first priority after a crash is medical treatment. Even if injuries seem minor, documentation is critical. Delays in seeking care can hurt both your health and your claim. Meanwhile, your attorney will begin an initial investigation, which may include:
- Obtaining the police crash report from the Chicago Police Department or Illinois State Police
- Gathering witness statements
- Reviewing photos, videos, and traffic camera footage
- Requesting black box data if a commercial vehicle was involved
- Preserving medical records that link injuries directly to the accident
This early stage helps determine whether a lawsuit is necessary or if a fair settlement can be reached without litigation.
Step 2: Filing the Lawsuit
If negotiations with the insurance company stall, your lawyer may file a personal injury complaint in Cook County Circuit Court or the appropriate Illinois venue. The complaint identifies the parties involved, outlines the facts of the accident, and states the damages being sought. Under 735 ILCS 5/13-202, you typically have two years from the date of the crash to file a lawsuit, though shorter deadlines may apply if a government entity is involved.
Step 3: The Discovery Process
Discovery is the phase where both sides exchange information and evidence. This stage can be lengthy but is essential for building a strong case. Discovery tools include:
- Interrogatories: Written questions each party must answer under oath
- Requests for documents: Medical bills, repair estimates, employment records, and more
- Depositions: Recorded, sworn testimony from witnesses, medical experts, and drivers involved
- Expert evaluations: Accident reconstruction experts or medical professionals may testify about liability and injuries
Discovery helps clarify disputed facts and gives your attorney the leverage needed to negotiate from a position of strength.
Step 4: Settlement Negotiations and Mediation
Most car accident lawsuits in Chicago never make it to trial. Instead, they resolve through settlement negotiations or mediation. Insurance companies often wait until after discovery—when the evidence is clear—before making serious offers. Your attorney will calculate your damages, which may include:
- Medical expenses (past and future)
- Lost wages and reduced earning potential
- Rehabilitation and long-term care
- Pain and suffering
- Emotional distress
- Vehicle repair or replacement
Mediation may be ordered by the court, where a neutral mediator helps both sides discuss settlement. While not binding, mediation often results in fair resolutions without the cost of a full trial.
Step 5: Trial
If a fair settlement cannot be reached, your case may proceed to trial. Trials in Illinois car accident cases are heard by a judge or jury, who will determine liability and damages. At trial, your attorney will:
- Present evidence and expert testimony
- Cross-examine the defense witnesses
- Argue why the defendant should be held accountable under Illinois negligence law
While trials are less common, being prepared for court ensures the insurance company takes your case seriously. Our attorneys at Chicago Personal Injury are always trial-ready and never afraid to stand up to big insurers.
How Long Does a Car Accident Lawsuit Take in Chicago?
The timeline varies based on the complexity of the case, the number of parties involved, and the court’s schedule. Some lawsuits resolve in months, while others may take more than a year. Factors that affect the length include:
- Severity of injuries and ongoing medical treatment
- Disputed liability between drivers
- Number of witnesses and experts involved
- Backlog in the Cook County courts
Your attorney will keep you informed of each step and work to resolve your case as efficiently as possible while still pursuing the full compensation you deserve.
How Compensation Is Determined
Illinois follows a modified comparative negligence rule. This means your compensation can be reduced if you’re found partially at fault. For example, if you’re awarded $100,000 but found 20% responsible, your recovery would be $80,000. If you’re more than 50% at fault, you cannot recover damages. An experienced attorney works to minimize any unfair blame placed on you.
Why Hire a Chicago Car Accident Lawyer?
Insurance companies have teams of lawyers and adjusters whose goal is to reduce payouts. Without legal representation, you may face pressure to accept a settlement far below what your case is worth. At Chicago Personal Injury, we level the playing field by handling the paperwork, negotiations, and courtroom strategy so you can focus on healing.
Next Steps After a Car Accident
If you’ve been injured in a car accident, take these steps to protect your rights:
- Call 911 and get a police report
- Seek medical treatment immediately
- Document the scene with photos and witness info
- Notify your insurance company, but avoid detailed statements
- Contact Chicago Personal Injury for a free consultation
Contact a Chicago Car Accident Lawyer Today
The car accident lawsuit process may seem intimidating, but you don’t have to face it alone. Chicago Personal Injury is here to guide you through every stage, from filing your case to fighting for justice in court if necessary. We’re open 24/7, and there are no upfront fees—you only pay if we win your case.
Call today or contact us online to schedule your free case review with an experienced Chicago car accident lawyer.
