How to File a Lawsuit in Illinois

Our personal injury law firm is here to help with this handy guide on how to file a lawsuit in Illinois. The first step is to decide if filing your own lawsuit is right for your case, here’s what you need to know to make this decision.

Filing Your Own Civil Lawsuit – Steps to Handle a Legal Dispute

It’s always recommended to have an attorney review your case to discuss the best strategy, but sometimes pursuing your civil case on your own as a pro se litigant may be the best option. You might not need or want an attorney, or it might not be financially feasible. This article will cover when it’s best to file a lawsuit without an attorney and how to do it.

This article is not legal advice and does not create an attorney-client relationship. It can’t replace the detailed counsel of a lawyer. If you think you need legal help, you probably do. Consult an attorney, as many offer free initial consultations.

A Civil Lawsuit at a Glance

Civil cases are lawsuits where one person has a legal dispute against another. These can include disagreements over promises, divorce disputes over money or property, or injuries caused by someone else. The most common civil action is a personal injury lawsuit, where the injured party—the plaintiff—seeks compensation from the person responsible—the defendant.

Negligence occurs when the defendant fails to act appropriately and causes injury or property damage to the plaintiff. For example, if you’re a pedestrian in a crosswalk and a vehicle ignores a stop sign and hits you, the driver should have obeyed traffic signs. The law allows you to seek compensation from the negligent party. Civil actions usually seek monetary compensation or damages.

The Circuit Court of Cook County handles civil lawsuits in Chicago as opposed to a federal court that handles disputes involving the US government.

Attorney or No Attorney?

Deciding whether to hire an attorney depends on what you need from the court. Each lawsuit includes a Prayer for Relief, where the plaintiff requests something from the court. The court may order the defendant to pay damages for the plaintiff’s harm or issue an order requiring the defendant to take specific actions.

Before filing a lawsuit, ask yourself, “What do I want to accomplish?,” such as seeking compensation for injury-related expenses. Consider seeking compensation for injury-related expenses such as:

• Medical expenses, both past and future treatment
• Lost time off of work to see your doctor
• Cost of prescription drugs or over-the-counter medications
• Cost of transporting yourself to and from medical appointments
• Pain and suffering associated with trauma of the accident
• Loss of overall quality of life you used to enjoy

Identify all potential expenses from an accident to guide your next steps in a lawsuit.

While each small claims case differs, you typically want to hire an attorney if you are seeking damages over $5,000 or specific action via a Court Order. If the case has a modest value, hiring a lawyer might not be cost-effective, as litigation costs could exceed potential recovery. Hiring a lawyer is a personal choice, and sometimes pursuing a lawsuit pro se is the only option.

Initiating a Lawsuit

Once you’ve identified what you want from the court, the next step is to file a Complaint at Law. This outlines what happened in your case and how it meets lawsuit requirements. Each county has different rules and formats for complaints, depending on the jurisdiction. Your local library likely has examples of complaint formats for your area.

Example of a Complaint in Cook County, Illinois

To file a complaint, one must meet certain requirements: individuals must be 18 or older to file for themselves and parents or guardians can file on behalf of minors.

In your complaint, you will want to identify:

• The party or parties you are suing
• Details of why you are suing them
• How much you are suing them for

This is your first chance to present your case to the court. Include as much relevant information as possible. For instance, if you’re suing for a scratched car, specify the vehicle’s location, the time and date, the defendant’s name, how it was scratched, and the repair cost.

For help drafting your complaint, consider a free attorney consultation or visit the pro se filing desk at your local courthouse.

Filing Fees when You Prepare Your Lawsuit Yourself

You will need to pay a filing fee in order to set your case in motion, as well as a service fee. Your fee will scale with the total amount of damages.

Paying the filing fee generates a docket number for your case, serving as its reference number throughout the proceedings. Each jurisdiction has its own fee schedule, so check the costs when filing. Sometimes, the court clerk may waive the fee if you demonstrate economic hardship.

The second fee is the “service fee.” After filing your lawsuit, you need the defendant to officially acknowledge the claim. This involves notifying them through service of process, sending a copy of the complaint so they can respond.

Service of process can be achieved in a number of ways, in Cook County the fees are:

• Service by certified mail against an individual: $12.30
• Service by certified mail against a single corporation: $20.59
• Service through the Sheriff’s office: $60.00 per defendant

Check with your local courthouse for required service efforts and be aware that filing fees may change.

Once paid, the court will send your complaint and a summons to the defendant’s last known address. Verify the defendant’s address before filing to ensure proper notification.

Step by Step Video Guide to E-File a Chicago Personal Injury Lawsuit

How to File a Civil Lawsuit Online in Illinois

Now that you have all the basic requirements for filing a lawsuit, it’s time to put your lawsuit in motion.

According to the Cook County Clerk’s office, eFiling is mandatory in almost all civil cases in Illinois using a centralized electronic filing manager (EFM), called eFileIL.

You’ll need to create an account and provide billing information for your filing fee. Here’s a step-by-step guide to filing your lawsuit online, including descriptions of the necessary forms.

Filing a Lawsuit Online – Step 1

Select Start a New Case to begin your filing process.

Filing a Lawsuit Online – Step 2

Select your location.

If you are filing a Small Claims case, this will be heard in the First Municipal District of Cook County.

Ensure you file in the correct courthouse. Like filing fees, the courthouse depends on your damages. Damages under $30,000 are heard in the Municipal District. Cases over $30,000 go to the Law Department.

Next, choose the type of case to be heard, based on your lawsuit’s nature. For this example, we’re filing a personal injury lawsuit from a car accident.

Filing a Lawsuit Online – Step 3

You will be asked to create a reference number for your filing, different from the docket number. Select Cook County Attorney/Self-Represented Code from the drop-down menu and enter 99500 as your Pro Se filing code. Add this Cross Reference Number and Save Changes to continue.

Filing a Lawsuit Online – Step 4

Next, you’ll need to enter contact information for yourself, the Plaintiff, and the Defendant. This data is also used for Service of Process, so ensure it’s accurate before continuing.

Filing a Lawsuit Online – Step 5

Finally, upload your documents. Choose Complaint / Petition from the filing code menu and click Upload to select your Complaint. Repeat this for your Summons and Civil Action Cover Sheet.

After paying your filing fees and submitting your documents, your case is officially filed, meeting your initial pleading requirements as a Plaintiff.

Feeling Lost? Consult with an Attorney for Free!

As you can see, there are many steps to consider even when initially filing a lawsuit. Filing is just the first step. The legal process involves many more steps that can be difficult to navigate. However, with the necessary information, anyone can file a lawsuit with or without an attorney’s help.

If you decide to sue, you might struggle with questions about pursuing your civil case. Always consult an attorney before taking legal action to discuss your options. They can counsel if you should proceed pro se or if your case is too complex and requires legal representation.