In Illinois, common personal injury claims arise from incidents such as medical malpractice, workplace injuries, dog bites, car accidents, and more. In 2022, there were 21,000 workplace injuries and illnesses reported, which works out at a rate of 4.2 per 100 full-time employees. There were also nearly 340,000 visits to the ER for injuries resulting from dog bites documented in the US over a period of 8 years.
On top of that, nearly 320,000 car crashes occurred in 2018, resulting in more than 94,000 injuries.
Adam Zayed, an awarded Chicago personal injury attorney, shares that obtaining compensation after injury due to someone else’s negligence can be complex and lengthy. Many factors come into play when determining the potential value of a personal injury settlement. Understanding these key considerations can help set realistic expectations when seeking damages in Illinois.
Type and Severity of Injuries Impact Personal Injury Settlements
The type and severity of injuries sustained significantly impact the size of a potential settlement. For example, in dog bites, 47.3% affect the upper extremities, 26.8% affect the head and neck, and 21.5% affect the lower extremities. More severe injuries that result in ongoing medical treatment, rehabilitation, lost wages, loss of future earnings capacity, and other long-term effects warrant higher settlements. Minor soft tissue injuries typically result in smaller settlements compared to catastrophic injuries. The extent of medical documentation and proof of injury also affects value.
Contributory Negligence in A Personal Injury Case
Illinois follows a modified comparative negligence rule. This means that an injured person’s compensation may be reduced based on their percentage of fault for causing the accident. For example, if the injured person is found 25% responsible for the accident, their settlement value decreases by that percentage. They are barred from recovery if they are 50% or more at fault. The less responsibility attributed to the injured person, the higher the settlement value.
Insurance Coverage Impacts Personal Injury Settlement
The amount of available insurance coverage from policies held by the at-fault party has practical implications for settlement value. Settlements are often negotiated based on insurance limits. Even if a claim is worth more, the realistic settlement will be limited by available coverage. Excess liability policies or assets of the defendant boost potential settlement value in severe injury cases.
Litigation Costs of a Personal Injury Case
Another consideration is the expenses required to take a case to trial versus settling beforehand. Settlements typically save both sides future litigation expenses. The projected costs of depositions, expert witnesses, exhibits, and other litigation costs help incentivize settlements.
The Reputation and Location Impact Personal Injury Settlement
Local reputations and trial histories of insurance companies also impact settlement negotiations. Companies anxious to avoid local trials or known to offer fair settlements may be motivated to negotiate. The general jurisdiction where the case would be tried also matters. Some areas are known to produce higher-value verdicts from juries.
Quality of Documentation Helps Obtain Higher Personal Injury Settlements
Substantial evidence and documentation of injuries, losses, and liability help obtain higher settlements. Photographs, medical records, investigation reports, witness statements, and expert opinions bolster a case. Weak liability theories and inadequate proof of damages result in lower settlements.
Personal Injury Attorney Representation
Hiring an experienced personal injury lawyer levels the playing field when negotiating with insurers. Personal injury attorneys evaluate case strength, calculate damages, handle negotiations, and skillfully communicate with insurers. Represented claimants generally achieve substantially higher settlements.
Several interrelated factors affect the potential value of personal injury settlements in Illinois. Understanding these considerations from the outset helps set realistic expectations for one’s own situation and navigate the challenging legal process. With thorough case development and strategic negotiations, fair compensation can be obtained.
