When one person has a legal claim against another, the result in modern times is most often some kind of settlement. In short, a settlement is an agreement by the person with the claim (who would be the plaintiff if a lawsuit were filed) to give up his or her right to sue in exchange for a payment from the person against whom the claim could be asserted (the defendant).
For instance, most personal injury lawsuits in Illinois are today resolved by alternative dispute resolution, such as negotiation, mediation, or arbitration. The injured person might not file a lawsuit and instead accept a settlement payment, usually from the at-fault party’s insurance company.
In moments like these, understanding personal injury settlement amounts in Chicago can help you know what to expect when seeking fair compensation for your losses. Many people often ask a question like this: “How much is my case worth?” Or, “How much will my settlement be?”
The answer to both questions is complicated, and we often can’t give a definitive answer until long after we begin working on a case. However, we can explain how those amounts are determined by the parties negotiating a settlement. That’s what this post is all about.
Personal Injury Settlement Amounts in Chicago
A settlement is an agreement to resolve a personal injury claim without going to court. It compensates the injured person for financial, emotional, and physical losses. In Illinois, many claims are handled through negotiation, mediation, or arbitration, with insurance companies typically paying on behalf of the responsible party.
Still, many people want to know: “How much is my case worth?” The answer depends on several details unique to each situation. These factors include the severity of the injuries, medical costs, and the strength of the evidence supporting the claim.
To understand how these numbers are reached, it helps to start with the foundation of every personal injury case: damages.
It Starts with Damages
The goal of our legal system with respect to personal injuries is to make the injured person whole. Unfortunately, the Illinois courts cannot force a defendant to take back a physical, emotional, or mental injury after the fact. The best we can do is attempt to compensate the injured person with money. That compensation is referred to as damages.
Because the kinds of legal injuries suffered by a person as a result of a personal injury are so varied, Illinois law recognizes many different types of damages. If they can be proven, a successful plaintiff in an Illinois personal injury lawsuit can recover damages to compensate for things such as:
- Costs of medical care;
- Lost wages and lost earning capacity;
- Costs of repairing damaged property;
- Loss of consortium and loss of enjoyment of life; and
- Pain and suffering.
This list isn’t exhaustive, and some items are easier to assign a price tag t0 than others. However, the bottom line is that any damages that can be proven; can be recovered. That’s where any plaintiff and any defendant will start their settlement negotiations: How much could the plaintiff win if the case went to trial?
The Costs of Uncertainty
That’s a theoretical maximum and fails to account for the inherent uncertainty of going to trial.
A good example of that uncertainty in personal injury trials is the burden of proof. As we’ve explained in the past, that burden is quite low: A plaintiff needs only to provide enough evidence to make it 51% likely that his or her claim is valid. If the plaintiff can only muster evidence that makes it 50% likely the claim is valid, the plaintiff loses. But jurors are not computers, and many cases could go either way.
As a result, it is often better for a plaintiff to accept a settlement offer that is below the theoretical maximum for damages than it is to go to trial and risk getting nothing. Plaintiffs and defendants understand this, and so settlements are usually some amount less than an injured person’s total damages.
Maximizing Your Settlement Requires a Lawyer
It’s tempting to look up other cases and estimate your potential payout, but that approach rarely works. Each case has unique facts, injuries, and outcomes. Many settlements are also confidential, so reliable comparisons are difficult.
Working with an experienced personal injury lawyer can make a meaningful difference. Skilled attorneys understand how insurance companies evaluate risk and use that knowledge to build a strong negotiation strategy.
They know when to accept an offer and when to push for more based on evidence, damages, and legal precedent. An attorney also handles communication with insurers and opposing counsel, giving clients time to focus on recovery instead of paperwork and stress.
A Strong Legal Partner for Fair Compensation
Personal injury settlement amounts in Chicago depend on numerous factors, including legal strategy and medical documentation. The process can feel overwhelming. Yet, the proper support can simplify everything.
At Costa Ivone, we help injury victims recover what they deserve through dedicated legal representation and practical guidance. We handle a wide range of cases, including personal injury, workers’ compensation, and wrongful death. If you’ve been injured and want to understand your legal options, contact our Chicago legal team. Your recovery starts with one conversation.