If you were hurt in an accident in Lake County, one of your first questions might be how much your personal injury case is worth.
There’s no universal answer, but understanding the average personal injury settlement amount and the factors that affect it can help you set realistic expectations. Settlements can vary depending on many factors, including the severity of your injuries, liability, and other unique circumstances.
Keep reading to learn more about what can be included in your settlement amount, factors that are more likely to affect the total value of your settlement, and how our personal injury lawyers can help.
What Kinds of Losses Can Be Accounted for in Personal Injury Settlements?
Victims can pursue damages for a wide variety of losses resulting from an accident. The most common type is called compensatory damages, and as the name suggests, they attempt to compensate the victim for their losses. These damages are divided into two categories: economic and non-economic.
Economic damages compensate you for any financial losses stemming from the accident. They are generally easy to calculate because they have an exact monetary value, which can easily be proven using receipts, invoices, or other documentation. Non-economic damages are more challenging to quantify because they aim to compensate for personal, subjective losses.
Compensatory damages can cover things like:
- Medical expenses (past and future)
- Emotional distress
- Lost wages
- Pain and suffering
- Anxiety, depression, and PTSD
- Reduced earning potential
- Out-of-pocket expenses
- Reduced quality of life
- Property damage (repair or replacement costs)
- Loss of consortium
- Permanent scarring or disfigurement
Punitive damages are rare and typically only an option in cases involving especially egregious or malicious conduct.
What Key Factors Can Influence the Value of a Personal Injury Settlement?
While no two cases are alike, the following factors are typically used to assess your claim:
- Severity of your injury: Minor injuries like whiplash or bruises often lead to smaller settlements. More serious injuries, such as fractures, spinal cord damage, or traumatic brain injuries, tend to result in much higher compensation.
- Cost of your medical treatment: Emergency care, surgeries, rehab, physical therapy, and follow-up visits all affect your total settlement.
- Lost wages: If your injury forced you to miss work or reduced your ability to earn income, your claim should reflect that loss.
- Pain and suffering: Illinois law allows victims to recover compensation for physical pain and emotional distress, which may be calculated using a multiplier or per diem method.
- Whether you’re being blamed for your accident: Illinois follows a modified comparative negligence rule with a 51% bar. If you’re found to be more than 50% responsible for your accident, you usually can’t recover compensation. If you’re 50% or less at fault, your damages are typically reduced by your percentage of fault.
Several key elements go into calculating the value of a personal injury settlement. The best way to get the full value of your claim is to consult an experienced attorney. They can assess the facts of your case and give you a more personalized estimate of your case’s value.
What If You Were Hit by Someone Without Insurance?
If you were injured by an uninsured or underinsured driver, you may still have options. Illinois requires drivers to carry liability insurance, but some still drive uninsured.
In these instances, you can potentially seek compensation through:
- Uninsured/underinsured motorist (UM/UIM) coverage: This is usually part of your auto policy and can pay for injuries caused by a driver with no or inadequate insurance.
- MedPay: Optional insurance coverage that pays for medical bills regardless of fault.
- Lawsuit against the at-fault party: If no coverage is available, you can file a personal injury lawsuit, though collection may be difficult without assets or income to recover from.
If you are unsure whether you can recover, it is best to speak to a legal professional.
Is There a Deadline to File a Lawsuit After an Accident in Illinois?
Yes, and it’s one of the most important factors in determining your case’s value. If you miss the deadline, your case value may drop to zero dollars, as you may not be able to recover any compensation. In Illinois, you generally have two years from the date of your injury to file a personal injury lawsuit.
The same two-year deadline usually applies to wrongful death claims. For medical malpractice, the time limit may be extended under certain conditions, but you should never wait to consult an attorney. Other factors can shorten or extend the deadline in your case, such as if a government entity or a minor is involved.
How a Personal Injury Lawyer Can Help You Recover Compensation After an Accident
Another factor that can affect how much your personal injury settlement is worth is whether you hire a lawyer to help you navigate the legal process. Insurance companies strive to minimize their payouts as much as possible, and they have extensive legal teams and ample resources to support this effort.
An experienced personal injury attorney can level the playing field and help you:
- Gather strong evidence to support your claim.
- Work with doctors to document the long-term impact of your injury.
- Calculate full damages, including pain, suffering, and future losses.
- Counter unfair allegations of blame and other typical defense tactics.
- Negotiate with the other side to fight for a fair settlement.
- File a lawsuit if needed to force a fair resolution.
Hiring a qualified personal injury attorney can also give you peace of mind, allowing you to focus on your health and medical recovery while they handle the legal side. They’ll also ensure you don’t miss any deadlines in your case.
Contact Our Lake County Personal Injury Lawyers at Kass & Moses Personal Injury Lawyers for a Free Consultation
There’s no fixed number when it comes to average personal injury settlements. The amount you receive can vary widely depending on factors like the severity of your injuries, liability, and how the case is handled.
The best way to get a clear estimate is to consult with a Lake County personal injury lawyer. They can review the details, calculate damages, and push for the compensation you deserve.
For more information, contact an experienced personal injury lawyer at Kass & Moses Personal Injury Lawyers to schedule a free consultation.
We proudly serve clients throughout Northbrook, Lake County, IL, and nearby areas, including Waukegan, Gurnee, North Chicago, Highland Park, Round Lake Beach, Zion, Grayslake, Libertyville, Lake Zurich, Lake Forest, Antioch, Highwood, Mettawa, Mundelein, Vernon Hills, Round Lake, Lindenhurst, and Beach Park.
Kass & Moses Personal Injury Lawyers
601 Skokie Blvd Suite 401
Northbrook, IL 60062
(847) 513-9582