P&N BLOG | Factors That Determine Your Personal Injury Claim in Illinois
Filing a personal injury lawsuit can be an incredibly stressful process. You’re dealing with physical discomfort, mounting medical costs, and the potential for decreased income if you can’t work. On top of all that, you have to worry about taking on a large corporation or insurance company. In Illinois, like many other states, the factors that determine the value of your personal injury claim are complex and multifaceted. In this blog post, we’ll explain the key elements that shape your personal injury claim’s worth, providing you with a clearer understanding of what to expect during the legal process.
National Personal Injury Statistics
Before we get into the factors that impact the value of a personal injury claim in Illinois, let’s take a moment to understand the scale of personal injuries, particularly in the context of car accidents.
According to the National Highway Traffic Safety Administration, more than 2.3 million people were injured in car accidents in 2018. That’s approximately 6,700 people injured every day.
In Illinois, more than 130,000 people were injured in car accidents in 2018, according to the Illinois Department of Transportation. And those are just the accidents that were reported. The actual number of injuries is likely much higher.
In 2019, there were about 21,667 car accidents in Chicago, according to the Chicago Police Department. About 9,935 resulted in injuries, and 787 resulted in fatalities. That means that nearly 46 percent of all the car accidents in Chicago resulted in someone being injured or killed.
These numbers are staggering, but they’re also a reminder of how important it is to drive safely and always be on the lookout for other drivers who may not be doing the same. If you or someone you love has been injured in an auto accident, contact one of our experienced personal injury attorneys at The Law Offices of Parente & Norem, P.C. today to discuss your legal options.
Factors That Impact the Value of a Personal Injury Claim
Now, let’s dive into the factors that play a crucial role in determining the value of your personal injury claim in Illinois.
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.
– The degree of “comparative negligence” is examined, where the insurance company determines a percentage of fault for each party.
– If your percentage of fault is more than 51%, the claim is usually dismissed, as you were more at fault for your injury than the other party.
The Nature of Your Injury Claim:
– The type of injury and the related impact it has on your life are of concern when determining your injury settlement.
– The more severe an injury is, the higher your injury settlement is likely to be.
– The insurance companies will try to obtain past medical records to ensure that the injury was new and not the result of a pre-existing condition or previous injuries.
Damages You Claim Impact Your Injury Settlement:
– Economic damages, such as medical bills, lost wages, and property damage, are a significant factor in determining the value of a claim.
– Non-economic damages, including pain and suffering, loss of enjoyment of life, loss of consortium, and emotional distress, also play a vital role.
– Punitive damages, designed to punish wrongdoers, are not common in personal injury cases but can be available in some cases.
Calculating Pain and Suffering Damages Is an Inexact Science:
– Pain and suffering damages are non-economic and not easily quantified.
There Are No Limitations on Pain and Suffering Damages in Illinois:
– Unlike some states, Illinois does not impose a cap on pain and suffering compensation.
– The jury has the final say in determining the compensation you are entitled to recover, considering all relevant factors.
Understanding the factors that determine the value of your personal injury claim in Illinois is essential for a successful outcome. No two cases are alike, and each case’s worth depends on the specific circumstances and the extent of your injuries. If you’ve been injured due to someone else’s negligence, seeking the guidance of an experienced personal injury attorney is crucial to ensure you receive the compensation you deserve. At The Law Offices of Parente & Norem, P.C., we are dedicated to advocating for your rights and helping you navigate the complexities of personal injury claims in Illinois. For a free case evaluation call/text us today at 312.641.5926 or fill out a contact form here on our site.