Karlin, Fleisher & Falkenberg, LLC > Blog > Personal Injury > Filing a Personal Injury Lawsuit

If you are hurt in an accident, and a careless individual is to blame, you may have several legal pathways for pursuing compensation. One of those pathways may be to file a personal injury lawsuit. However, filing a lawsuit can seem daunting.

At Karlin, Fleisher & Falkenberg, LLC, we want to demystify the process of filing a personal injury lawsuit. When the steps are transparent, and you know what to expect, the legal process doesn’t seem quite as intimidating.

Steps to Take Before Filing a Lawsuit

Have you been involved in an accident? The steps you take in the days and weeks after the incident can have an impact on your potential case. Before you file a personal injury lawsuit, consider taking these steps:

Seek medical attention
Collect evidence
Contact an attorney
Notify the Insurer
Stay off social media
Keep a record of your expenses

Setting the Stage for a Personal Injury Lawsuit

Filing a personal injury lawsuit can seem overwhelming. However, the support and guidance of a seasoned personal injury attorney from Karlin, Fleisher & Falkenberg, LLC in Chicago can make all the difference. In a nutshell, here is what you can expect from the personal injury lawsuit process:

Draft a Demand Letter – One of the first steps in the personal injury lawsuit process is drafting a demand letter. A demand letter is sent to the insurer and will contain crucial details about the accident, including how it occurred and information about your injuries. This letter will include information about your medical expenses, the value of your lost wages, and a demand for fair compensation. In conclusion, the letter will outline a timetable for a response.
Negotiate a Settlement – Once the insurer receives the demand letter and responds, negotiations may begin. Your attorney can negotiate on your behalf for a fair settlement that accounts for your financial losses. Make sure you consult an attorney before speaking with the insurance adjusters.
Prepare a Case for Court If Necessary – Unfortunately, not all insurers will negotiate in good faith. These for-profit businesses may not be willing to part with a large sum of money, even if it’s what you deserve. When negotiations break down, it will be up to you and your attorney to determine whether a lawsuit is the best avenue for recovering compensation for your injuries.

The Lawsuit

file a personal injury lawsuit If you proceed with filing a personal injury lawsuit, your attorney will file the necessary paperwork to make your intention known.

Discovery – Once your attorney files the proper paperwork, the real work begins. Discovery is one of the most time-consuming and labor-intense periods of the personal injury lawsuit process. During the discovery phase, each side can seek evidence and testimony to support their case. Depositions, or interviews under oath, may be requested to gain clarity and insight into the circumstances of the accident. Additionally, the other party’s attorney may request that you undergo an independent medical evaluation to assess the extent of your injuries.

Mediation – Once both sides have collected the information they require, your case may enter mediation. Mediation is a process meant to circumvent the courtroom and help both sides reach a mutual agreement or settlement. A mediator is a neutral third party who facilitates communication between the parties to solve a dispute. Many personal injury cases are settled in mediation and do not ever reach trial.

Settlement – Depending on the strength of your case, the other side may wish to settle. If the terms are agreeable to you and your attorney, the opposing party will generally ask you to sign a release stipulating that you accept the settlement offer, rendering you unable to seek further compensation from them in the future.

Trial – Unable to reach a fair settlement? Then your case will be headed to court. Each side gets the opportunity to argue its case. Finally, a judge or jury decides the outcome based on each side’s arguments and the strength of the evidence.

Appeal – Even if you win your case, be prepared. The opposing side may wish to appeal the decision and ask a higher court to review the ruling.

If you win your case and the other side does not appeal, it can still take time to distribute your monetary award. Your attorney will need to pay anyone with a legal claim to the money, or lien, such as medical providers. Once liens are satisfied and your attorney collects their compensation, you will receive a check.

Contact A Personal Injury Attorney From Karlin, Fleisher & Falkenberg, LLC

The legal team at Karlin, Fleisher & Falkenberg, LLC can help you prepare for what’s ahead and walk you through all the steps of your personal injury lawsuit.

If you’ve been hurt by a careless individual, contact the personal injury attorneys of Karlin, Fleisher & Falkenberg, LLC today for your confidential consultation, call our office at 312-346-8620.

Written by Karlin, Fleisher & Falkenberg, LLC Last Updated : November 21, 2022

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TESTIMONIALS

I was involved in a car accident and was referred to this office. Nick Drury was the attorney who handled my case and he was nothing short of phenomenal. Personable, professional, took the time and answered my questions, accessible, very responsive via email. He also advised as to what would be in my best interest and negotiated very well on my behalf. What was an additional plus is he resolved my case promptly. Thank you Nick- I highly recommend him for anyone who is need of a personal injury attorney!

- Oralia Castaneda

★★★★★

Jonathan was amazing. He communicated very well, he was always looking out for my best interest. He was easy to talk to and very thorough with my case and I was elated and blessed to have a lawyer such as Jonathan by my side. I would highly recommend him! Even after the case was settled he still contacted me to follow up and check it with me. He is someone who really cares about his clients and treated me as a person not just a case #. Thank you for everything Jonathan!

- Keena

★★★★★

It was not only comforting to have skilled, knowledgeable and experienced attorneys and staff during one of the most difficult times of my life, but to be supported by people who had my best interest at heart and genuinely cared about me and my personal feelings made all the difference in the world. I walked in as a client and was cared for by a family, and for that I’ll be forever grateful! H. B.

- H.B.

★★★★★

Dear J.B. , I wanted to thank you, for the job you did on my case. You were not only an excellent lawyer, you were a friend along the way as well. You always promptly called me, addressing my questions and concerns. As far as my settlement goes, I couldn’t have expected more then you got for me. Many lawyers “brag” , about the amount of settlements they get for their clients, on their T.V. commercials . You, got me more then these lawyers “brag” about. Thank you for getting me such a strong settlement, and being a friend as well, along the way. I’d be more then happy to talk to anyone who would like to know , what a fine attorney you are. Thank you for being there for me. Sincerely,

- J.F.

★★★★★

Over the past couple of years I have had the privilege of Mr.Jonathan Fleisher representing me for a personal injury case that has greatly impacted my life. Mr. Fleisher fought hard and diligently on my behalf and always kept my best interests in mind. It has been truly refreshing as well as a blessing to have someone this skillful and professional buckling down and making sure every detail is captured to support my case. He has delivered exceptional service and I would recommend him to anyone that needs a personal injury attorney.

- G.B.

★★★★★

Jonathan Fleisher was more than just my lawyer. He was my advocate and was very thorough with my case. Communication was well furnished which made for an easy process. Mr. Fleisher fought for my rights and did so justly with much empathy and compassion. I am more than elated with the outcome and how my case was handled by Mr. Fleisher. I would highly recommend him to friends , family or anyone who wants someone who will work diligently on their case. I appreciate and am very thankful for Mr. Jonathan Fleisher

- K.T.

★★★★★

Thank you so much for your diligent, professional, and thorough handling of my car accident settlement. You were beyond helpful, accommodating, and supportive during the process. You patiently explained, in detail, the procedures that would take place during the course of the claim. You continually updated me as progress was made and gave me in-depth details. Being that I was a novice to this type of practice, you advised me as to what was realistic, yet fair, as far as when, how, and monetarily the claim would be settled. When an offer was made, you advised me accordingly, and counter-offered for what you believed to be a reasonable and objective settlement. Beyond that, you also worked determinedly to reduce my medical claims and had great success. An attorney friend of mine went as far to say that you “hit a home run” when you negotiated my settlement. I want you to know how much your guidance and attentiveness to my claim meant to me. I will definitely recommend you and your firm should any of my acquaintances need legal advice in the future.

- J.W.

★★★★★

To Karlin, Fleisher & Falkenberg, LLC Please accept my sincere appreciation for the services your agency provided to me and my family on the Jessie Palmer wrongful death cases. There were so many issues that needed to be resolved, and with your assistance we were able to finally get the diagnosis report printed. My stepdaughters asked me to thank you as well for the settlements they received from their father's estate. We humbly appreciate the wonderful job your firm did with our case. In the future we will refer family and friends to your agency.

- L.P.

★★★★★