Filing a Lawsuit

Filing a Lawsuit

Unfortunately, even if you have an extremely strong personal injury case, the defendant may not always be willing to take responsibility for their negligence and come to the negotiating table to reach a full and fair settlement agreement. If you are not offered a settlement for the full value of your damages, you will need to file a personal injury lawsuit.

It is imperative that any lawsuit is filed in the proper manner. There are many legal requirements that must be met. A small mistake could cause you major problems down the road. If you are considering taking legal action, you should be represented by an experienced Rockford, Illinois personal injury lawyer. Your attorney will be able to review the specific circumstances of your claim in order to prepare a strong, compelling lawsuit on your behalf.

Prepare a Legal Complaint

Your legal complaint is the essential basis of your lawsuit. If you were injured due to the negligence of another party, you must prepare and submit a strong legal complaint. In your complaint, you will need to lay out the basic facts of your case. In doing so, there are certain complex legal requirements that you must meet within your complaint in order for your lawsuit to actually proceed.

If you fail to meet these requirements, your case could be immediately dismissed. While you do not (and likely will not) have all of your evidence gathered at this stage of the legal process, it is still important that you put a strong basic case together. Your complaint should always be drafted by a top-rated Illinois personal injury lawyer.

Serve the Defendant

Under Illinois state law, all defendants must be served the legal complaint that has been filed against them. Your Rockford personal injury lawyer will be able to make sure that your legal complaint is effectively drafted and properly served on all implicated defendants. This is an important step in the process. If a defendant is not notified of the lawsuit in time, the case could potentially be dismissed outright.

Be Ready to Protect Your Rights

When served with a complaint, the defendant will have an opportunity to file a response. The defendant can respond in several different ways. In general, the defendant will answer the complaint through depositions and various paperwork which lays out a basic argument against your side of the case. The defendant may also file a counterclaim against you, depending on the situation. In many cases, defendants may be willing to take the personal injury settlement negotiations much more seriously after the lawsuit has actually been filed.

It is important to remember that submitting your claim is still a relatively early step in the personal injury claims process. From this point, your case can move in many different directions. On one end of the spectrum, the defendant may soon be ready to move towards a fair settlement agreement. On the other end of the spectrum, your case may be set to go forward all the way to a trial. In either circumstance, your personal injury lawyer will be able to guide you through the process and help you get the best result.