Table of Contents
Deciding what course of action to take when you have a personal injury claim in Illinois can be confusing and challenging. For example, you have to decide whether to have a case review or just jump right into litigation. However, regardless of the route you choose to take, the goal is the same: compensation for all you have lost.
There are different ways you can get what is due to you from the person whose negligence caused you harm. Working with experienced professionals like McCready Law Injury Attorneys can help you understand which path fits your situation best. This article considers the two pathways, litigation and case review, and how distinctly different they are.
Definitions: Case Review and Litigation
The first difference we want to consider is the definitions of case review and litigation; what do they imply? A case review is the initial consultation you have with your attorney once you have decided to pursue your claim. At this point, your lawyer will review your case (hence, case review) to see if it has merit and value.
Litigation, however, is what happens when the defendant and their legal counsel refuse to cooperate or offer a reasonable settlement amount. In litigation, your case will appear before a judge or jury, and your lawyer will present evidence and arguments supporting your claim.
The Time Needed for Case Review and Litigation
Next, when deciding between case review and litigation, another factor you want to consider is the time commitment. Case reviews do not take much time; it is just you and your lawyer going over the details of your case behind closed doors. As such, a case review would typically take days, maybe weeks, if your case is a tad more complex.
Contrastingly, litigation can take months to years, depending on the nature of your case, how many parties are liable, and other factors. Even the first step alone (that is, the pretrial motions) can take months, not to mention the overall litigation process.
The Cost Involved
Without mincing words, case reviews are cheaper than litigation; if you pay fees at all, they are minimal. First off, most personal injury lawyers in Illinois offer their services on a contingency basis. That means your first consultation with them is free, and you only pay them if they win your case.
In litigation, the amount you get eventually can be reduced because of the many expenses involved, including court and filing fees. Add those expenses to what your lawyer deducts from your payout as their fee, and you have barely enough for medical costs alone.
Privacy Concerns to Be Considered
Another factor to consider when deciding between a case review and litigation in an Illinois personal injury case is your privacy. If you would prefer not to share personal, sensitive pieces of information with strangers, your choice here is crucial. With a case review, it is just you and your attorney; no one else has to know your business, not even the defendant.
However, with litigation, the judge and jury will know, as will the defendant and their legal team. But that is not all; every piece of information you share during the process now becomes part of the state’s public records.
Success Rate
Insurance companies do not like litigation, although they do not mind it if they think they have the upper hand. However, consider a case review when it comes to your chances of reaching a fair settlement with minimal legal struggles. According to the Illinois Courts, personal injury cases follow specific civil procedures that can influence settlement timelines and outcomes. Nevertheless, the defendant’s insurance adjuster can sometimes prove difficult, refusing to offer a fair amount. In that case, you have a better chance of forcing it out of them when you take them to court.
Your Mental Health
Needless to say, litigation has a greater negative impact on a personal injury claimant’s mental and psychological health than a case review. A case review does not require all the formal court hearings, among other things, that litigation involves. Moreover, with a case review, your lawyer is doing almost all the work so that you can focus on your recovery.
Conclusion
Deciding the best path for resolving a personal injury case in Illinois depends on the case’s complexity, your desired outcome, and other factors. As such, you need to weigh the options, case review or litigation, and decide which pays you better.