Victims have the legal right to seek compensation when they’re harmed by someone else’s negligence. Our attorneys guide clients through the Illinois personal injury lawsuit process. Here, we answer “What is the insurance claims process in Illinois?” Civil lawsuits generally follow the same structure.
At Curcio & Casciato, our Chicago personal injury attorneys have represented victims for over six decades. We handle personal injury cases on a contingency fee basis. This means you pay nothing unless we recover compensation on your behalf. Call (312) 321-1111 to schedule a free consultation.
What is the Insurance Claims Process? – Step-by-Step Process of Insurance Claims in Illinois
Step 1: Seek Medical Attention and Gather Evidence
The first step is to seek medical attention immediately after an accident.
If there’s an injury, death, or property damage over $1,500, you must file a report with the Illinois Department of Transportation within 10 days.
To pursue a personal injury claim, you must have medical records indicating you received medical care. If you delay seeking medical attention, insurance companies may argue you didn’t suffer serious injuries or that the harm was caused by something else.
If you’re able, gather evidence at the accident scene. Get the other party’s name and insurance information. Also, collect information from witnesses. Details are critical.
It’s important to limit conversations with other parties. Do not admit anything or apologize.
Step 2: A Personal Injury Lawyer Makes All the Difference
Before speaking with any insurance company, including your own, consult with a lawyer. At our law firm, initial consultations are free. Plaintiff’s attorneys assess personal injury claims, advise on communications, send out spoliation letters, and begin building personal injury cases immediately.
The other person’s insurance company will call you quickly afterward. They do not initially offer most people fair settlements. Don’t sign any documents or give any statements without a lawyer. Once you sign, you can’t reopen a personal injury claim.
If you’re on the fence, you can learn more about when to hire a personal injury lawyer in Illinois.
Step 3: File a Claim With The Insurance Company
Most policies require prompt notification after an accident. If you have collision coverage, they’ll help with repairs or total loss, especially for hit-and-run claims in the Chicago area. They’ll be reimbursed from the responsible party’s insurance company through subrogation. If the at-fault party lacks sufficient coverage, your uninsured/underinsured motorist (UM/UIM) policy may step in.
Step 4: Investigate (Medical Records, Police Reports, and Other Evidence) and Calculate Damages
Your attorney investigates your personal injury case. We work to gather police reports, medical records, witness statements, and expert testimony to establish liability and help make informed decisions on all future costs. We calculate current medical bills, future medical expenses, lost wages, future earning capacity, modifications, and all other damages.
Victims focus on recovering and following their medical care plan carefully. Reaching maximum medical improvement (MMI), the point at which your condition stabilizes, is an important step that provides a clearer picture of long-term care costs.
This phase is one of the longest in the personal injury claims process. However, when personal injury cases settle before plaintiffs understand the full extent of damage, they’re often left paying out of pocket for future medical bills.
Step 5: Demand Letter and Settlement Discussions After Maximum Medical Improvement (MMI)
Once you’ve stabilized and reached maximum medical improvement, your attorney sends a demand letter to the at-fault party’s insurance company. The demand letter outlines the facts of the incident, identifies the defendant, details the injuries and treatments, itemizes all damages, and requests a specific figure.
They’ll typically respond with a value far below what a fair settlement would be. Your attorney negotiates using the evidence presented and argues for full compensation. In more complex cases, settlement negotiations go back and forth for extended periods.
Step 6: Successful Settlement Negotiations or File a Lawsuit
Once settlement negotiations are completed, you’ll decide whether to accept or file a complaint, which leads to a lawsuit. Our attorneys advise you on your legal options and future potential outcomes.
Many personal injury cases settle before filing a complaint, and even more cases settle after filing motions but before any pre-trial proceedings begin.
Filing a lawsuit doesn’t mean personal injury claims will go to a jury trial. However, if the insurance company refuses to offer a fair settlement, this basic step is crucial for signaling that attorneys are prepared for litigation.
The Personal Injury Lawsuit Process in Illinois
When the insurance company refuses to offer a fair settlement through settlement negotiations, your attorney files a complaint in the appropriate court.
Step 1: File the Complaint
The complaint is a legal document that identifies the parties, states the facts and legal issue at hand, and outlines the outcome sought. The court issues a summons, which is served on the defendant. The defendant has 30 days to respond. The answer typically denies the allegations and raises defenses to the legal action.
Your attorney will handle all the complexities and let you know what to expect in the next steps.
Step 2: Discovery Phase
The discovery process begins with pre-trial motions. In the discovery phase, both sides provide information (proof) to each other during a court-supervised process.
There are several methods for the discovery phase:
- depositions: witnesses questioned under oath
- interrogatories: written questions answered under oath
- document requests: requests to admit specific facts
- independent medical examinations: defense requests that the plaintiff be examined by an outside physician (often for more complex cases)
Step 3: Mediation Process
Before trial, courts often require or encourage personal injury mediation in Chicago and across the state. This is a confidential process where a neutral mediator facilitates settlement discussions. The mediator cannot make a decision, but mediation frequently results in a resolution during pre-trial proceedings. If the mediator can’t resolve disputes, the next step is a jury trial.
Step 4: Illinois Personal Injury Litigation Process
If mediation and pre-trial proceedings fail, the personal injury claim goes to trial. Courts in Cook County can take up to a year after filing a lawsuit before a trial begins.
Trial proceedings typically proceed in key steps:
- jury selection
- opening statements
- plaintiff’s case: presenting evidence, expert testimony, and documentation
- defense’s case
- closing arguments by both the plaintiff’s attorney and the opposing party
- verdict
Step 5: Court Issues a Verdict
Attorneys prove the personal injury lawsuit by a preponderance of the evidence. Preponderance of evidence means they’ve given enough proof that it’s more likely than not that the defendant’s negligence injured the individual seeking compensation.
Juries weigh all evidence presented by both sides and determine whether defendants are negligent and how much compensation the victim is entitled to.
When cases go to trials, courts end when they decide. Next, the judge enters a judgment.
If the judgments are in your favor, it orders the defendant to pay the figure determined. The amount may include both economic (medical bills, lost wages, future care costs) and non-economic damages (pain and suffering, emotional distress, loss of enjoyment of life).
This doesn’t always mean the case is over. Either side has the right to file post-trial motions asking the judge to modify or order a new trial.
It is worth noting that even after a lawsuit is filed, most personal injury cases never reach litigation. Most are resolved before or during litigation. We’ve even settled the night before trial begins. Your attorney will continue to evaluate opportunities throughout the personal injury claims process and will only recommend litigation when it’s in your best interest.
Step 6: Personal Injury Claim Appeals Process
If either side is unhappy, they can appeal to the Illinois Appellate Court. Appeals aren’t new trials. The appellate court reviews the existing evidence to determine whether the errors affected the outcome.
Common grounds for appeals include:
- incorrect jury instructions
- incorrect rulings on evidence presented
- errors in applying the law
The appeals process adds significant time to the personal injury lawsuit timeline in Illinois. During this period, compensation under the judgment may be delayed.
If the appellate court finds an error, it may modify the award, order a new trial, or, in some cases, dismiss the claim.
The timeline from verdict to actually receiving compensation can vary. If no appeal is filed, victims are typically paid within weeks. If the defendant appeals, the personal injury lawsuit process can take months or longer to resolve. Your attorney will guide you through every stage, including post-trial proceedings and collection, to ensure you actually receive the compensation the court awarded.
Illinois Civil Lawsuit Timeline
Illinois Laws That Shape The Personal Injury Claims Process
Illinois is an at-fault state. If another person caused the accident, their insurance company pays for the injured party’s medical expenses and losses. Under Illinois modified comparative negligence laws, you can recover compensation as long as you are less than 50% at fault. Your award is reduced by your percentage of fault.
For example, if a jury awards $100,000 but finds the victim 20% at fault, the victim receives $80,000.
Here are common types of important deadlines:
- Illinois statute of limitations for personal injury and wrongful death: 2 years from the date of injury or death
- Illinois medical malpractice deadlines: 2 years from discovery
- Claims against government entities in Illinois: 1 year to file; notice requirements may be as short as 6 months
- Illinois workers’ compensation deadlines: 3 years from injury or 2 years from last benefit payment; 45-day employer notice required
- Illinois property damage deadlines: 5 years
Courts apply discovery rules narrowly for injuries that weren’t immediately apparent.
Personal Injury Lawsuit Damages
There is no general cap on damages you can receive. However, goverment claims are generally limited to $2 million.
Economic damages include medical expenses (past and future), lost wages and future earning capacity, rehabilitation and long-term care costs, property damage, and out-of-pocket expenses.
Non-economic damages include pain and suffering, emotional distress, loss of enjoyment of life, loss of consortium for spouses, and disfigurement or disability.
The Insurance Claims Process in Illinois – Determining Insurance Coverage
Victims can file a first-party claim (collision, UM/UIM, or medical payments coverage) and a third-party claim.
Insurers must acknowledge a claim within 15 business days and investigate it in good faith. Unreasonable delays may constitute unfair claim practices. If you believe they’re acting in bad faith, our attorneys can help file a complaint with the Illinois Department of Insurance.
Initial settlement offers are almost always unfair. Adjusters want victims to settle before they understand the full extent of damages. In other words, it’s in their best interest to avoid settlement discussions with skilled attorneys. They will use recorded statements to minimize claims later.
Adjusters are trained to ask questions nicely and make victims feel comfortable. They aren’t asking questions for your benefit.
Signing a release ends your claim permanently, even if your condition worsens.
Victims are NOT REQUIRED to produce a recorded statement to ANY INSURERS, including their own.
Let your attorney handle communications.
Protecting Insurance Claims in Illinois
Do:
- Seek medical attention immediately and follow your treatment plan.
- Document everything, including diagnosis, expenses, missed work, and how the situation affects your life.
- Consult an attorney before speaking with any insurance company.
- Keep all medical appointments and save all receipts.
- Be mindful of what you post on social media, as insurers routinely monitor online activity.
Don’t:
- Admit fault or apologize at the scene.
- Provide a recorded statement to any insurer without your attorney.
- Sign any documents, releases, or agreements without attorney review.
- Accept a quick settlement before understanding the full extent of your injuries.
- Wait too long to take legal action. Illinois deadlines are strictly enforced.
Types of Personal Injury Cases We Handle
Personal injury lawsuits cover a range of incidents. For a complete list, visit our practice areas page. The most common types include:
- Car accidents: Including the car insurance claim process for rideshare, commercial vehicle, hit-and-run, drunk driving, and distracted driving collisions.
- Truck accidents: Semi-truck, tractor-trailer, and commercial vehicle crashes involving complex liability.
- Medical malpractice: Misdiagnosis, surgical errors, medication mistakes, birth injuries, and nursing home negligence.
- Wrongful death: Claims on behalf of families who have lost a loved one.
- Premises liability: Slip and fall injuries, unsafe properties, and building code violations.
- Workplace accidents: On-the-job injuries involving scaffolding, heavy machinery, electrical hazards, and falls from heights.
- Product liability: Injuries caused by defective or dangerous products.
Contact a Personal Injury Attorney For a Free Consultation
If you or a loved one has been injured due to someone else’s negligence, call (312) 321-1111 or visit our contact page to schedule a free consultation. We represent clients across Cook County, DuPage County, Will County, Kankakee County, and throughout Illinois. You don’t pay any legal fees unless we win.