How courts in Illinois value personal injury cases varies from situation to situation. There isn’t a universal formula to determine the value of your case, as every instance comes with its own specific details. However, understanding the factors that influence compensation can help you get a clearer picture of what you might be able to recover. When it comes to calculating an injury settlement in Illinois, several elements come into play, including the severity of your injuries, the expenses you’ve incurred, and how your injuries affect your quality of life.
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Key Factors Illinois Courts Consider When Valuing a Personal Injury Claim
When valuing a personal injury claim in Illinois, the courts consider a variety of factors. This includes both economic and non-economic damages and looks closely at the unique details of your case.
Severity of Injuries
After an injury, the severity affects the pain, required medical care, potential permanent damage, and changes to your lifestyle. In a personal injury case, more severe injuries typically result in larger settlements because they lead to higher treatment costs, greater chances of long-term impairment, and increased pain.
A settlement should consider your current and future expenses, lost income, and compensation for pain and suffering. As your injuries become more serious, your medical bills and recovery time increase, allowing you to claim higher damages.
It’s important to document your injuries thoroughly. Keeping detailed medical records and getting statements from healthcare professionals can strengthen your case and improve your chances of receiving full compensation.
Lost Wages and Future Earning Capacity
Sustaining an injury may affect your work and income during recovery and in the future. You might experience financial setbacks from an inability to earn wages. There are two kinds of economic damages associated with lost income due to an injury:
- Lost wages: This refers to the actual salary or pay that you missed out on from the time of the accident until you were able to return to work fully. It includes regular wages, sales commissions, bonuses, and any other benefits. Lost wages are calculated retrospectively and can be estimated with a fair degree of accuracy.
- Lost earning capacity: This term describes the diminished ability to generate income going forward. It compensates for the money you would have earned in the future but will now miss out on because of the incident that affected your ability to earn.
The longer you’re out of work and the greater the impact on your future earning potential, the more financial loss you will have suffered, and therefore the higher the settlement you may receive.
Liability
The insurance company reviews the accident details to determine who was at fault for your injuries. They assess the comparative negligence, assigning a percentage of blame to each party. In Illinois, if you’re found to be at fault, your claim is reduced, and if you are more than 51% at fault, your claim is typically dismissed.
If the insurer sees you as mostly responsible, they might drop the case or offer a low settlement, thinking you lack a strong claim.
Insurance Coverage
The insurance policy of the at-fault person plays a role in determining the amount of money you can receive. If their policy has low coverage limits, it may not fully cover your expenses unless additional compensation sources are available.
Strength of your Evidence
Having solid evidence, like medical documents, statements from witnesses, and professional testimony, can greatly influence the result of your case. The more compelling your evidence is, the stronger your position, allowing you to negotiate for a larger settlement. Conversely, if your evidence is lacking, your case will be weaker, reducing your ability to seek a higher settlement amount.
Having a Lawyer
Engaging a personal injury attorney can impact your case. These lawyers understand the intricacies of interacting with insurance firms and are prepared to advocate for fair compensation, whether through negotiations or litigation.
How Medical Bills and Lost Wages Impact Case Value in Illinois
In a personal injury lawsuit, determining compensation usually involves evaluating two main types of damages: economic and non-economic. Economic damages include tangible costs such as medical bills and lost wages, while non-economic damages cover subjective experiences like pain and suffering. Medical expenses play a key role in establishing the value of a case because they provide a clear measure of financial loss from treatment. Generally, the more medical expenses incurred, the greater the compensation, as these costs are recoverable. To accurately assess your case value, you’ll need to total all current medical expenses, estimate any future medical costs, and combine that figure with other economic damages.
Lost wages also fall under economic damages and represent income you’ve missed due to your injury. To determine this amount, you calculate the wages lost from the time of the accident up until a settlement or trial, along with any anticipated future income that may be lost if your injuries hinder your ability to return to your previous job or work at the same level. The cumulative effect of both medical expenses and lost wages affects the overall value of your case, since higher figures in either category can lead to increased compensation.
The Role of Comparative Fault in Illinois Personal Injury Valuations
Comparative fault directly impacts how Illinois courts value injury cases. Proving the other party’s negligence is crucial for receiving compensation. The state uses a modified comparative negligence system, where if you are more than 50% at fault, you cannot claim compensation. If you’re less than 50% at fault, your compensation will decrease based on your percentage of blame. Therefore, if you contributed to the accident, your damages will be lowered accordingly.
To maximize your claim, it’s vital to gather and protect all relevant evidence, including medical records and witness statements, to understand how your injuries may affect your well-being and finances. It is essential to enlist the help of a personal injury lawyer who has a deep understanding of Illinois’ legal intricacies, its fault-based system, and may ensure that you do not miss the personal injury statute of limitations.
Even after what personal injury lawyers charge, you are likely to receive higher compensation for your case.
Contact us at Ankin Law for attorneys who will ensure you claim the full value of your case, and receive fair compensation for your injuries.
