How do I take legal action after I was injured?

You must file a claim with the appropriate court and state legal grounds for a lawsuit to make a claim after an injury. You have a limited period of time in which to take legal action and must comply with all court rules.

Under Illinois law, most claims for personal injury must be filed within two years of the time when the injury occurs. When filing a claim, you must provide information on the actions of the defendant and explain why you believe the defendant is liable. Your position must be supported with court rules, laws and information about the accident.

After your claim is filed, the defendant who has been charged with causing your injuries will be served with a notice of the pending lawsuit and given a chance to provide an answer to the court. If the defendant does not answer, a default judgment can be entered in your favor, which means you win your case automatically.

If the defendant answers, the case will proceed through the exchange of evidence (discovery) and through pre-trial motions (requests to the court to make certain rulings on issues in the case). The trial will then begin, and you must prove that the defendant caused your injuries in order for your legal action to be successful.