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Chicago Injury Lawyer Scott Wolfman & Associates - Law Firm

HOW THE SYSTEM WORKS

Hopefully, you will never need to be a participant in our civil justice system. But, unfortunately, bad things can sometimes happen to good people. Medical negligence, automobile accidents, exposure to dangerous products and pharmaceutical errors occur regularly in our communities. Therefore, I find that it is very helpful for my clients to completely understand the process they will be involved in if they happen to have suffered an injury due to the negligence of another entity. I have simplified this process by describing the various stages of the litigation process.

A. The Complaint

The initiation of a lawsuit begins when an injured party files a complaint in court. The complaint is a written document that states the information on which the lawsuit is based. In Illinois, a medical negligence complaint also requires that a physician sign an affidavit that the case is meritorious. The complaint must be served on the defendant and then the litigation process commences. The defendant is required to respond to the complaint by answering the allegations or attempting to have the case dismissed.

B. Discovery

In personal injury cases, the parties to the action typically have a period of time to conduct investigation on the case. This process can involve many techniques but typically the discovery process begins with both parties serving written questions to each other. These questions are called “interrogatories” and they allow the parties to gather general information about the other parties to the case. Witnesses, photographs, documents and insurance information are typically disclosed during this process. Following the written discovery, parties typically begin to take “depositions” in the case. A deposition is a session with the attorneys where verbal questions are presented to the parties or witnesses. A court reporter will record this sworn testimony. This testimony is then transcribed into a written document that can be used at the trial of the case.

C. Motions

In litigation, it is inevitable that there may be some disputes between the parties that require court intervention. If a party is seeking a decision from the judge regarding the discovery in the case, the actually validity of the complaint or a procedural issue, the party can present a motion before the court. . D. Experts

In many cases in the civil justice system, experts are required to establish the requisite proof the parties may need to be successful in the litigation. After the facts are discovered in the written interrogatories and the depositions, experts may be needed to give opinions about technical issues in the case. Experts are particularly relevant in medical negligence cases, where they are absolutely necessary in nearly all cases. Usually the expert phase of the case is the last phase prior to trial.

E. Trial

If a settlement cannot be reached in a lawsuit, the parties will proceed to trial. If a case does proceed to trial, it is likely that the case will be heard by a jury. The first step in the case is jury selection. After a jury has been selected, the parties begin presenting evidence to the jury. The injured party presents his or her case first, and then defendants have the opportunity to present a case. Plaintiff may have the option of presenting a rebuttal case after the defense has presented its’ case. When all of the evidence has been presented, the attorneys make their closing arguments. The jury is then instructed on the various laws in the case before deliberating to a verdict.

F. Appeals

Typically, parties have an opportunity to appeal the results of the trial or a dismissal of a case. The appellate process can be lengthy and parties can even attempt to appeal to the Illinois Supreme Court.

G. Additional Methods of Case Resolution

In addition to the jury trial, there are other methods in which cases can be resolved. Arbitration and non-binding mediation are two examples of potential techniques to establish case resolution. In non-binding mediation, a facilitator such as an ex-judge may bring the sides together in an attempt to discuss the case and reach a settlement. By caucusing with each side, individually, the mediator can often simplify the issues in the litigation and encourage the parties to work toward a settlement. Many attorneys favor this approach because, typically, neither side is bound to reach an agreement at a mediation. If a settlement is not reached, the parties simply continue with the litigation process.

Certain types of litigation require arbitration. For example, automobile insurance policies offering uninsured or underinsured benefits often require that disputes between the parties be resolved through the arbitration process. Judges or lawyers are typically chosen by the parties to hear the evidence in the case and then make a decision as to the value of the case. The presentation of the evidence at an arbitration is typically less formal than at a jury trial and, therefore, can be resolved in a shorter time period. Additionally, cases filed and/or transferred to the Municipal Division in Cook County, which features cases valued at less than $50,000.00, require that the parties engage in arbitration prior to a potential jury trial. Typically, this form of arbitration is non-binding as long as the party rejecting the decision pays a court fee, but Illinois law requires that the parties engage in good faith participation or they may be bound to the decision at the arbitration.

A pre-trial conference is an additional method in which cases may be resolved. Often times, the judge presiding over the case may bring the sides together in an attempt to resolve the litigation. As in non-binding mediation, neither side is bound to reach an agreement at the pre-trial conference but this procedure can be an advantageous opportunity to all sides in the litigation. A presiding judge can offer his or her wisdom and experience acquired from years of service on the bench to assist the sides in reaching a compromise.