The question that our attorneys get most often is about the potential value of an injured client’s case. Unfortunately, there is no magic formula to determine the amount of recovery available, and many factors need to be taken into a consideration. Keep reading to learn more from top car accident lawyer, Brent Eames, about what factors need to be taken into account when it comes to evaluating what a personal injury case is worth.
Different damages are available for personal injury cases. In personal injury cases, the damages available to can be generally described as compensatory and/or punitive. The compensatory damages are meant to compensate the injured individual for economic damages they incurred as a result of the accident. These include things like medical expenses, wages lost, or property damages. Additionally, compensatory damages can take the form of noneconomic damages. These are things we can’t put a price tag on, such as the pain and suffering endured due to the injury, as well as for the loss of normal life. More serious injuries generally come with higher medical bills and can also hinder the individual’s ability to work or perform other activities of daily life. It follows in these situations that a serious injury will be worth a lot bigger settlement than a nonserious injury.
If the conduct of the individual that caused the accident was especially outrageous, punitive damages can be awarded in the personal injury case. The purpose of punitive damages is to punish the wrongdoer and to deter future similar conduct.
The amount of the damages available in a personal injury case can also depend on the chronology of the medical treatment. If an individual sought medical treatment immediately after the subject accident, the insurance company is less likely to dispute the reasonableness of such treatment and refuse reimbursement. In contrast, if the medical treatment was obtained after a gap of days or weeks after the particular accident, then the damages can be limited because there might be a claim for intervening cause of the injuries. This is a very common defense we see with insurance companies.
Finally, contributory negligence of the injured individual can significantly reduce or even completely bar recovery of the compensatory damages available in the personal injury case. If the injured party contributed to or caused the accident, then the damages available will be reduced proportionally to the party’s fault. If you are over 50% at fault for causing the accident, then under Illinois, a recovery will be legally barred.
The Eames Law Group is an experienced law firm that guides people who have suffered serious personal injuries. They help residents of Illinois gain their lives back after accidents, by managing medical bills and financial setbacks. Brent Eames has been recognized as one of the best personal injury lawyers in Chicago who will help people obtain the appropriate compensation and medical assistance after suffering an injury. For more information, contact us to meet with the Eames Law Group and learn about the legal services they offer.