Will I have to go to court?

In the typical case, the answer is “NO, you will not have to go to court”. As we have already indicated, the majority of cases are settled before a court filing is necessary. Even if it becomes necessary to file the case in court, the chances are about 95% that the case will settle before a trial is necessary.

However, if the case is filed in court you will, in all likelihood, be required to review, answer and sign a series of written questions regarding the facts of the accident and the injuries sustained. These are called “Interrogatories” and we will assist you in completing them.

Also, you will probably have to give a deposition. A deposition is nothing more than your statement, under oath, in response to questions asked of you by the defendant’s lawyer, about how the accident happened and what your injuries and damages are. If you have to give a deposition, we will discuss the procedure with you before you go to the deposition and one of our experienced attorneys, of course, will go with you to protect your rights. You will never be alone in this process.

Many states require mandatory arbitration of claims. In Illinois, for example, in cases having a value of less than $30,000, as determined by a “screening” judge, the case will qualify for court annexed arbitration. This is an abbreviated hearing ­ it cannot exceed two hours in length ­ that is held in front of a panel of three lawyers (not a judge). Court annexed arbitration (also called Mandatory Arbitration) offers an opportunity to argue your case in a less formal (and less expensive) setting, and the hearing may result in an award to you up to $30,000.00 ($50,000.00 if your case is pending outside of Cook County). If the result is not favorable, then upon the payment of $200.00 to the clerk of the court, the award can be set aside (even if it went completely against you) and your case will then be set for a regular jury trial.

Even after all of the above has occurred there still is an opportunity to avoid a trial in front of a jury if both sides agree to submit the case to independent mediation or arbitration. These procedures are conducted by independent agencies on a for-profit basis (the costs are ordinarily divided between the parties) and, again, a more informal hearing is held. This time, though, the result is binding on the parties. If you submit to independent arbitration or mediation, your case will never go to court ­ the decision of the arbitrator or mediator will be final.

The above discussion sets out the procedures in Illinois. The procedures in several of the other states in which CAC represents its clients are somewhat different, but the basic procedures are substantially the same.

If your case does not qualify for mediation or arbitration (either independent or court-annexed) and cannot be settled by agreement, then ­ and only then ­ will you have to go to court for a jury trial. CAC attorneys pride themselves on being among the most aggressive and tenacious of trial lawyers, dedicated to maximizing their client’s recovery in any and all courts. You can rest assured that you will be in experienced and dedicated hands when it is time to go to court.