Filing a Car Accident Case in Chicago
Following a Chicago car accident, an attorney has to gather all relevant medical records to file the car accident case. After notifying the adverse carrier that they are representing the injured party, attorneys help their clients through treatment; gather all of their medical records; and present written demands on the policy for payment of damages. If you are suffering from damages sustained in a car accident, a Chicago car accident lawyer can help guide you along the road to recovery.
First Steps
One of the most important steps someone can take before filing a car accident claim in Chicago: seek medical treatment. The injured party should complete their course of treatment, or be very close to completing their course of treatment so that they can properly evaluate the claim and present it for possible resolution without the need to file a lawsuit.
Sometimes, the course of treatment lasts for an extended period of time. In Illinois, the statute of limitations for most personal injury claims to file the claim in court is two years, and it is uncommon for somebody to have a treatment plan that extends beyond two years.
The opinions of a primary care physician become very important over the course of an accident claim. The best course of action is always to have a primary care physician recommend the proper treatment plan. Some people do not have a primary care provider. They follow the instructions they get from the emergency room regarding treatment. However, involving a doctor in the case as early as possible makes the most sense.
Next Steps
The attorney puts the adverse carrier on notice and lets them know that they represent the injured party. Lawyers provide counsel to their clients to ensure the proper assessment and identification of injuries. This ensures that the client can receive the healthcare that they need after filing for a car accident case. They encourage the person to take the necessary medical treatment needed to fully recover from their injuries and the accident.
When collecting evidence, the lawyer gets pictures of the vehicle, and the accident scene. It is always helpful to document that evidence with photographs.
After Filing an Action
Plaintiffs aren’t required to continue suing the other party after filing a car accident case in Chicago. They can voluntarily dismiss the case. However, when someone dismisses their case, they may preclude their rights to renewing the claim, depending on the time. Also the claimant may be obligated to pay the other party’s legal costs at the time or in the future. Once the case gets close to trial, it can be at the discretion of the court as to whether or not to permit it.
Filing an action does not forfeit the right to negotiate outside of court. A vast majority of lawsuits settle at various stages of the litigation. Most of them settle before a jury or bench trial occurs. Cook County requires mandatory arbitration for certain types of claims very early in the process or arbitration proceeding, which is kind of like a shortened, or smaller trial. Some cases do settle after that mediation process.
Chicago Car Accidents in Court
Chicago car accidents can be filed in state court in either one of the city’s various municipal departments or the law division in Cook County. Counties such as DuPage County and Lake County have their own courts and court systems, but in Cook County, there is a municipal department and a law division. The difference between the two: the amount of money involved, with larger cases going to the law division while smaller cases go to the municipal department.
There is also the Federal District Court, which is a court of limited jurisdiction. Only certain types of cases are permitted to proceed in Federal Court, and are qualified based on the type of case, the claims that are asserted, and the parties involved. The only time an automobile accident proceeds to Federal Court is when one party is from one state and the other party is from another state.