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What is my Illinois personal injury case worth? (Part A)

No two Illinois injury claims are the same, which means there's no benchmark for how much any particular case is worth. Your injury settlement is dependent on several factors and can change drastically during the course of your claim. Not even the most experienced Chicago personal injury lawyer can give a completely accurate estimate of the value of your Illinois injury claim - and be wary if they do.

When determining an injury settlement in your Illinois injury claim there are 3 major factors that help assign value to your accident: liability, the nature of the injury, and damages. The following explanations assume your case has not gone to trial and injury settlement is coming from the insurance company decision alone.

Liability in Your Illinois Injury Claim

The insurance company looks at the details of your accident and determines which party was liable for your injuries. At this point, the degree of "comparative negligence" is examined, where the insurance company determines a percentage of fault for each party. For Illinois injury claims, if your percentage is more than 51%, the claim is usually dismissed, as you were more at fault for your injury than the other party.

If the insurance company believes you are mostly liable for your injuries they may choose to drop the case completely. They also may see it as an opportunity to offer you a low injury settlement, figuring you wouldn't have a case that would hold up in court. If your claim is denied before even given a chance, you may want to consult with a Chicago personal injury lawyer.

The Nature of Your Illinois Injury Claim

The type of injury and the related impact it has on your life is also of concern when determining your injury settlement. Generally, the more severe an injury is, the higher your injury settlement will be. The insurance companies will try to obtain past medical records to make sure that the injury was new and not the result of a pre-existing condition or previous injuries.

If your Illinois injury claim is found to involve ailments that were previously affected by other medical issues, or if it seems related to a pre-existing condition, this can decrease the amount offered in your injury settlement. One of the tactics some companies have employed is the hiring of "medical experts" of questionable ilk that will dispute your own medical records and pin your injuries on other factors besides the accident.

If you find yourself being undermined by the insurance company and their "experts" you may need the help of a Chicago personal injury lawyer in order to justify your claims. Your Chicago personal injury lawyer also can help you document and analyze the damages you can claim in your injury settlement.

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Barry G. Doyle, P.C.
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