How an injury claim actually works

General information, written for people who have never done this before and would rather not be surprised by it.

Almost everyone who calls an injury lawyer is doing it for the first time, and most of the anxiety in the process comes from not knowing the shape of it. This page describes the ordinary stages of an Illinois injury claim in plain language. It is general information about how the process works, not advice about your situation, and no page can tell you what applies to your facts. That is what the free conversation is for.

The shape of it, start to finish

Most of the anxiety in this process comes from not knowing how long it is or what comes next. Very few claims skip stages, and almost none of them move as fast as people expect.

01

The first conversation

You describe what happened. A lawyer asks questions, most of them duller than you expect, and tells you honestly whether there is something here. This costs nothing and creates no obligation. You are allowed to speak to more than one firm, and you are allowed to go away and think about it.

02

Getting treated, and documented

Medical care comes first because you are injured, and it happens to also be the backbone of the case. The record of what you were diagnosed with, what treatment you were told you needed, and whether you followed through, is what the claim is later built on.

03

Investigation

The report, photographs, camera footage, witnesses, and in some cases vehicle or scene evidence. Much of this is time-sensitive, and a good deal of the early work is simply getting things preserved before they disappear in the ordinary course of business.

04

Reaching maximum medical improvement

A point where doctors can say what the lasting picture looks like. Resolving before this is reached means resolving without knowing what you are settling, and settlements do not reopen. Waiting is frequently the most valuable decision in the whole file.

05

The demand and the negotiation

The claim is presented to the insurer as a documented account of what happened and what it cost. There is usually a back and forth. Many claims end here, on terms you decide whether to accept.

06

Filing suit, if needed

If the offer does not match the record, a lawsuit follows. This is a normal step rather than a dramatic one, and most cases that are filed still resolve without a trial.

07

Discovery

Both sides exchange documents and take depositions, including yours. Your lawyer prepares you for it. This is the longest and least eventful stretch, and it is where cases are quietly won.

08

Resolution

Settlement, mediation, or trial. Whichever it is, the decision to accept or refuse an offer is yours, not your lawyer's.

Four things worth knowing beforehand

What it costs you

Personal injury work at the firm is handled on contingency: the fee comes from a recovery rather than from you up front. Ask any lawyer, including this one, for the terms in writing before signing.

What you should keep

Photographs from the day, the incident or police report, anything an insurer sends you, your medical records and bills, and a note of days missed from work.

What to be careful with

Recorded statements, signed releases and early offers. None of them are traps exactly, but all of them are easier to do once than to undo.

What nobody can tell you yet

What your case is worth, and how long it will take. Any figure quoted before the medical picture and the evidence exist is a marketing number.

This page is information. It is not advice about your situation.

Nothing here accounts for your facts, and it deliberately states no deadline, predicts no outcome and quotes no figure, because none of those can be given responsibly to someone a website has never met. Reading it does not create an attorney-client relationship with Julian E. Zito or Mark L. Karno & Associates, LLC, and please do not send confidential information until a written engagement is in place. For your own situation, the first conversation is free. For the type of claim you are in, start with the practice areas.

Questions about the process itself

Is this page legal advice?

No. This page is general information about how claims proceed in Illinois. It cannot account for your facts, and you should not act on it as though it could. Speak to an attorney about your own situation.

Do I need a lawyer for a small claim?

Not always, and an honest lawyer will tell you when a matter is small enough to handle yourself. The free review is a reasonable way to find that out.

Will I have to go to court?

Most people do not. Most claims resolve without a trial, though preparing a case as though it might be tried is part of what makes that possible.

Can I change lawyers?

Yes. You are entitled to be represented by someone you trust, and there are established ways to make that change.

What if I am partly to blame?

Illinois applies comparative fault, and partial responsibility does not automatically end a claim. How it applies is fact-specific.

Still not sure whether you need a lawyer?

That is a perfectly good reason to call. Describe what happened and you will get a straight read, including when the answer is that you can handle this yourself.

Contacting Julian E. Zito or Mark L. Karno & Associates, LLC does not create an attorney-client relationship, and nothing on this site is legal advice. Please do not send confidential information until a written engagement is in place. Prior results do not guarantee a similar outcome.