Don Cary Collins Attorney at Law

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What to Expect When Filing a Personal Injury Lawsuit


Filing a personal injury lawsuit can be a daunting process, filled with uncertainties and questions. However, understanding what to expect can alleviate some of the anxiety associated with pursuing legal action. In this blog post, we’ll walk you through the key steps and offer insights into what you can anticipate during your journey toward seeking compensation for your injuries.

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Understanding Personal Injury:

Before delving into the lawsuit process, it’s crucial to grasp the concept of personal injury. Personal injury claims arise when an individual suffers harm due to someone else’s negligence or intentional wrongdoing. These claims encompass a wide range of situations, from car accidents to slip and falls, medical malpractice, and more.

Initial Consultation:

Always consider speaking with an experienced attorney before moving forward. During your initial meeting, you’ll discuss the details of your case, and the attorney will assess its merits. They will also inform you about their fees and the potential outcomes you can expect. Remember that most personal injury attorneys work on a contingency basis, meaning you only pay if you win your case.

Investigation and Evidence Gathering:

Once you’ve decided to move forward, your attorney will begin investigating your case. This involves gathering evidence, such as medical records, accident reports, witness statements, and any other relevant documents. This phase is crucial, as the strength of your case depends on the quality and quantity of evidence collected.

Demand Letter and Negotiations:

After building a solid case, your attorney will draft a demand letter to the at-fault party or their insurance company. This letter outlines your claims, the evidence supporting them, and the compensation you seek. Negotiations will then commence, with both parties attempting to reach a settlement that is fair and satisfactory.

Filing the Lawsuit:

If negotiations fail to produce a reasonable settlement, your attorney will file a lawsuit on your behalf. You have formally begun the legal process. The defendant will be served with the lawsuit, and the court will set a date for the trial. Keep in mind that most personal injury cases are settled before ever reaching the trial stage.

Discovery and Pre-Trial Proceedings:

During the discovery phase, both parties exchange information, including documents and witness statements. Depositions may also be taken. Pre-trial proceedings involve motions, hearings, and other legal processes to prepare for trial. This period can be time-consuming, but it’s essential for ensuring a fair and just resolution of your case.

Trial and Verdict:

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If a settlement still isn’t reached, your case will proceed to trial. At the trial, both sides present their arguments and evidence. After deliberation, the jury or judge will render a verdict. If you win, the court will determine the amount of compensation you’re entitled to receive.


If you are looking to speak to an attorney about your case in O’Fallon, IL contact the Law Office of Don Cary Collins!

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