How an Illinois Sexual Abuse Lawsuit Works: What Happens, Stage by Stage

What actually happens, stage by stage, and what is asked of you at each one.

  • Free
  • Confidential
  • No police report required
  • No conviction required

Most claims resolve without a trial, and you are never required to be in a room with the person who harmed you. The first conversation asks nothing about the abuse itself.

Ervin Nevitt, Esq., sexual abuse lawyer and partner at Coplan + Crane.
Ervin Nevitt · Partner, Coplan + Crane
Illinois bar registration 6319808 · admitted 2014

The first conversation

You speak to a person. You do not have to describe what happened in order to have it. What we need to know at this stage is where and roughly when, and which institution was involved, enough to work out whether there is a claim and who it runs against.

Investigation

Before anything is filed, the work is establishing which institution had a duty and what its records show. That is done by us, not by you. You are not expected to gather evidence.

Filing

If a claim is brought, where it is filed depends on who it is against: the circuit court for the county where it belongs, the Illinois Court of Claims for claims against the State, or federal court for some federal claims. Steps
can be taken at this point to protect your identity in the court record, and we will explain them before anything is filed rather than afterwards.

Discovery

The stage where the institution’s records are obtained, personnel files, complaints, transfer histories, internal correspondence. It is usually where a case is won or lost. You may be asked to give evidence about your own experience at some point in this stage, and you would be prepared for it thoroughly.

Resolution

Most claims resolve without a trial. That is a genuine choice you make with advice, not something done to you, and if a case does go to trial, we explain in advance who may be present and what steps can be taken to make it manageable.

Timescales

These claims take time, often more than a year, sometimes considerably more, particularly where an institution contests what its own records show. Anyone who promises you a timescale at the first conversation is guessing.

This page describes Illinois law in general terms. It is not legal advice and it cannot tell you whether your own claim is in time, that depends on facts this page does not know. A conversation costs nothing and will give you a real answer.

What actually happens if you contact us

Nothing is set in motion by asking a question.

  1. You speak to a person

    Not a form, not an intake script. You do not have to describe what happened in order to have the conversation.

  2. We look into who had a duty

    Which institution was responsible, what it knew, what records exist, and whether a claim can still be brought. That work costs you nothing.

  3. You decide

    We tell you plainly what is possible. If you decide not to go ahead, that is the end of it and what you told us stays confidential.

  4. If you go ahead, we carry it

    Filings, deadlines, records and the institution's insurers. Steps can be taken to protect your identity in the court record.

Call (708) 671-6858 Free case review