Five Factors That Affect the Settlement of a Chicago Accident Case
When you are injured in a car accident, it can be difficult to know where to turn for help. An insurance adjuster may tell you that you don’t need a Chicago personal injury attorney to settle your claim. While it is true that you can settle an insurance claim without an attorney’s help, that does not mean it is in your best interest. We understand the various factors that impact the settlement of a car accident claim. Our lawyers also understand how to use those factors to seek maximum compensation for your case accident claim. We also understand which factors could hurt your claim and work to mitigate those factors whenever possible.
What Things Impact the Value of My Personal Injury Claim
1. Severity of Injuries
The severity of your injuries and the type of injuries you sustain can have a significant impact on the value of your personal injury claim. Traumatic and catastrophic injuries require extensive medical care, which can increase the financial damages for a claim. Individuals who sustain severe injuries are also out of work for longer periods, which also increases the total of financial damages. If you have a permanent impairment or disability, your future medical expenses and loss of income are included in your financial damages.
Therefore, people with more severe injuries from an accident usually have claims with higher values compared to people who have minor injuries or no injuries from the accident.
To recover compensation for an accident claim, you must prove that the other party was at-fault for causing the accident. However, your compensation could be reduced if you played a role in causing the accident that resulted in your injuries. For example, you were speeding at the time that another vehicle pulled out of a parking lot in front of you. A jury could assign you a percentage of fault for the cause of the crash.
Under Illinois modified comparative fault laws, your compensation is reduced by the percentage of fault assigned to you for the accident. If the jury assigns you 30 percent of the fault for causing the car accident, your compensation is reduced by 30 percent. However, Illinois has a 51% Bar Rule for comparative fault. If you are more than 51% at fault for the cause of the accident, you cannot recover any compensation for damages.
3. Availability of Insurance
Each driver in Illinois is required to carry minimum car insurance coverage for bodily injury and property damage. Drivers must have a minimum of $25,000 in coverage for bodily injury to one person and $50,000 total per accident. Unfortunately, $25,000 does not go very far when serious injuries are involved. A minor surgical procedure can cost close to that amount. Therefore, the amount of insurance could impact how much money you receive after medical expenses are paid. If a driver carries minimum insurance coverage, there may not be enough funds to pay all damages.
4. Jurisdiction of Lawsuit
When filing a lawsuit for an accident, the jury determines the value of your claim based on the evidence presented in court. There is no way to know what a jury may decide at the end of a case. However, insurance companies monitor jury verdicts. They know the average amounts that juries in your area award for car accident cases. That information can impact the value an insurance company places on your claim. If juries tend to award high amounts in personal injury cases in your area, your attorney may use this information to negotiate a higher settlement amount for your claim.
5. Hiring a Chicago Personal Injury Case
Insurance companies also know the reputations of the personal injury attorneys in Chicago. They know which law firms always settle claims to avoid taking the cases to trial and which law firms have talented and aggressive trial lawyers. Hiring a Chicago personal injury attorney with extensive experience inside and outside of the courtroom can give you an advantage in negotiating a settlement for your injury claim.
Contact Our Chicago Personal Injury Attorneys for a Free Case Review
Our Chicago personal injury lawyers are dedicated to protecting the best interests of our clients. We aggressively pursue claims by conducting thorough accident investigations, gather evidence to prove fault, and negotiating for full compensation of all damages. If the insurance company refuses to negotiate a fair settlement for your injury claim, we do not hesitate to file personal injury lawsuits when necessary.
Call our office at (708) 400-0000 to schedule a free consultation to discuss your accident claim.
Costa Ivone, LLC
311 N Aberdeen St #100B, Chicago, IL 60607