Clients often tell me that they have never been involved in a personal injury lawsuit asking, “so how does it work”. The following is a guide for Chicago victims of personal injury to enable them to better understand the process and what steps their injury attorney will generally follow.
In Cook County, Chicago, Illinois, most civil actions are instituted in the circuit courts, law division, which handles personal injury claims. A “complaint”, is the first pleading to be filed with the clerk of the court which sets forth a statement of the Plaintiff's claim. Illinois is a “fact pleading” state which means that the rules of civil procedure require a plaintiff to set forth sufficient specific facts to state a claim for relief. There is a current filing fee of $295.00.
Sometimes a case can be resolved by dispositive motions, such as a Motion for “Summary Judgment”. “Summary Judgments" are not commonly granted because of the presence of material issues of fact which prevent a Court from concluding that one party will succeed as a matter of law. Depending upon the proceeding, the trier of fact could be a jury, or a judge.
“Mediation” has become a popular means of dispute resolution. The parties generally must agree to engage in “Mediation”, which is of course non-binding. The hope is that a neutral third-party mediator will be able resolve the dispute between the parties by settlement, rather than a trial. Mediators are frequently experienced retired judges or lawyers. Both parties usually contribute equally to the fees of the Mediator. If the matter is not resolved by “mediation” the case is usually scheduled for a jury trial.
Once the selection of a jury of 12 has been completed, each lawyer is given an opportunity to make an “opening statement” which, when properly used, sets forth what the evidence in the case will show. This should preview the case from each party's point of view and typically is confined to a concise statement of the facts that each party proposes to establish by evidence.
The evidence offered at a trial will consist of the testimony of witnesses, documentary evidence (such as business records), and demonstrative evidence (often including photographs, diagrams and/or charts).
During a trial, each side, or perhaps both sides, will often rely upon expert opinion testimony. To be admissible, the Court, in its discretion, will determine whether such expert opinion would be helpful to the jury in understanding the issues presented in a case. A personal injury expert witness is usually someone who possesses skill or knowledge in a particular field superior to that of people in general.
At the conclusion of the presentation of evidence by both sides, the attorneys may submit requested jury instructions of law to the judge, but it is the judge's obligation to make the final determination as to the content of the jury instructions intended to instruct the jury of the applicable law.
Closing arguments allow the Chicago trial attorneys for each party to try to convince the jury of his client's position. Obviously, the aim of the attorney is to secure a favorable verdict for his client. Although lawyers have many theories on how to persuade a jury of the correctness of their client's position, most lawyers strive to make the jury want to find for his client and to tell the jury how to find for his client.
Once a jury reaches its verdict, a judgment order is presented to the trial judge and ultimately a judgment is entered in the case. The judgment is subject to post-trial motions and possible appeal.
Rick Grossman
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