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HomeBlogAuto AccidentsHow Car Accident Lawsuits Work In Illinois: Understanding The Litigation Process

How Car Accident Lawsuits Work In Illinois: Understanding The Litigation Process

Car accidents are some of the most complex and devastating incidents. Victims can face injuries that have extensive impacts on their employment, personal life and happiness. But even if you were hurt in a car accident, you aren’t automatically entitled to damages in a lawsuit. You can only receive compensation if you are able to prove the accident is the other driver’s fault, and it was their negligence that injured you. You might also need to show that the other driver was operating their vehicle recklessly. 

Contacting an attorney right away is essential to pursuing the compensation you need. The Horwitz Law Group is prepared to defend your best interests throughout the claims process. Speak to our attorneys at a consultation for guidance tailored to your case. 

Stage 1: Investigation

Your attorney begins by reviewing the issues present in the case:

  • The individuals involved in the accident;
  • The party at fault;
  • The severity of injuries and damages;
  • Insurance coverage availability; and
  • Any details of what took place at the time of the accident. 

A car accident case usually involves obtaining medical documents, police reports and pictures of the accident scene. You may also need to provide documents showing the costs of car repairs, medical care and insurance coverage. 

Stage 2: Filing a Lawsuit

The lawsuit is formally begun once the investigation has resulted in enough information to support a claim. Your lawyer will file a complaint against the party who is allegedly at fault. This document must state enough facts to show that the other driver was negligent and caused your injuries. The complaint is also delivered to the other party and their lawyer by a sheriff or professional process servers.

Stage 3: Discovery

Once the lawsuit is filed, both sides will enter the discovery phase. This process allows you to exchange evidence and claims with the defendant. Written discovery gives you the opportunity to demand your opposition to answer questions about the case. In a deposition, lawyers will discuss facts related to the witnesses or other parties. Both are bound to tell the truth.   

Stage 4: Motions Practice

Either party may file a motion in specific stages of the injury process. The motion can impact your case’s outcome, such as if it intends to dismiss your case, enter judgment without a trial or exclude certain evidence at a trial. Your lawyer will update you if such occurs, and we will prepare accordingly. 

Settlement Negotiations

In a settlement negotiation, both parties may reach an agreement about how much compensation is owed. Much of the injury process leading up to the trial involves either party determining the other’s weaknesses and strengths. You will have to approve any negotiation provided by your attorney. Depend on us to pursue the full compensation you need. 

Stage 6: Trial

Most injury cases in Illinois won’t reach trial until two years after they are filed. The trial is where you and the other party will show evidence that supports your individual claims. Witnesses and the defendant will likely have to testify. The case is then submitted to a jury, who will deliver a verdict. 

Stage 7: Post-Trial

Even after the final verdict is given, that doesn’t necessarily mark the end of your case. It’s sometimes possible to appeal the verdict. No matter what your case involves, you’ll want a dependable personal injury lawyer at your side. Call The Horwitz Law Group to discuss your situation. 



Case Results


for a motor vehicle wrongful death case.


for a 75-year-old woman who suffered an above the knee amputation due to being run over by a private school bus.


for a young lady who was run over by a private waste hauling company while crossing the street.


for a trucking accident resulting in the death of the driver.


for a client whose family was killed by a street sweeper that ran a red light.


for a client injured in a 2005 Metra train derailment case.


for a minor rear-ended on an expressway in Kankakee.


for a premises liability accident resulting in below the knee amputation.


for a woman who was hit by a car while crossing the street.


for a client who was injured on the CTA red line train.


for a bicyclist hit by a car.


for a passenger injured in a rideshare rollover accident.


for a rideshare accident injury.


for a low-speed rear-end accident.


for injuries in a van accident pulling a trailer.


for a minor injured in a ride-share accident.


for a pedestrian injured due to a sidewalk defect.


for a passenger injured in a rideshare rollover accident.


for a driver injured in an auto accident.


for injuries from a right-turning truck.


for a family injured in an auto accident.


for a law enforcement officer rear-ended by a truck.


for a motorcyclist rear-ended.


for an individual injured by a dog.


for a bicyclist hit by a car while crossing the street.


for a driver rear-ended on the expressway.


for a client who had lawyers at another law firm trying to settle the accident case for only $60,000.

Tell Us About Your Case

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