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October 28, 2019
Written by: Costa Ivone

Five Factors That Affect the Settlement of a Chicago Accident Case

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After a crash, life can shift in an instant. Medical bills start to build, income stops flowing, and stress rises fast. Insurance adjusters might tell you that legal help isn’t necessary. However, that advice often benefits them more than it helps you. 

Understanding the settlement of a Chicago accident case gives you control over your recovery and your financial future. At Costa Ivone, our team approaches every case with the goal of helping victims rebuild their lives and recover what they’ve lost.

Understanding the Settlement of a Chicago Accident Case

No two accident cases are the same. The outcome depends on several key elements that shape the value of your claim. 

From injury severity to insurance coverage and legal representation, these details decide how much compensation you might receive. Knowing how these factors work together gives you the insight you need to pursue fair financial recovery.

Factors that Impact the Value of Personal Injury Claims

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 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.

2. Fault

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 a minimum level of 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 coverage could impact the amount of 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.

Turn Your Case Into a Fair Outcome With Costa Ivone

At Costa Ivone, we approach every accident claim with the same goal: to secure fair results for individuals who have already been through enough. Our attorneys combine knowledge, communication, and courtroom experience to guide clients toward recovery and justice.

We help accident victims throughout Illinois with claims involving personal injury, car crashes, and workers’ compensation. Every case receives our full attention and our commitment to pursue the strongest possible outcome.

If you’re ready to understand your legal options and move forward after an accident, let’s start that conversation today. Contact our team or call our office at (708) 400-0000 for a free consultation. Discover how we can help you reach the settlement you deserve.