Case Value

Q. What’s my case worth?

A. This is perhaps the most frequently asked question of all. It is simply not possible to give an accurate answer until all the facts have been assembled and analyzed. Any attorney who claims to be able to answer this question without having all the facts, including all the medical information and facts surrounding the occurrence, is either not being honest with you or not sufficiently experienced in this area of the law to fully assist you.

In Illinois, there are various elements of damage which combine to amount to full compensation. These elements include compensation for:

    • • past and future medical bills
    • • past and future lost income
    • • past and future physical pain and mental suffering
    • • your inability to enjoy life as you did before an injury
    • • disfigurement, such as scars
    • • the aggravation of a pre-existing condition
    • • family members for an injury resulting in the death of a family member
    • • your spouse’s loss of consortium

The amount of money necessary to provide full and fair compensation for each of these elements of damage will depend on the particular facts of your case, including the amount of coverage of that at-fault driver’s insurance policy. No attorney should accept an offer on behalf of a client without that client’s approval.

Q. I have heard that my personal injury claim is worth three times my medical bills. Is that true?

A. No. The value of your case will be determined after considering all of the facts and circumstances of the event causing your injury and the medical treatment you received. Juries in Illinois are allowed to apportion fault, so if you are deemed to be part at fault for causing your injuries, your compensation will be reduced by a like percentage. Other facts that will affect the amount of compensation you obtain will include the type of treatment you had and whether your medical bills are related to diagnostic services or actual treatment, and the amount of coverage of the at-fault driver’s insurance policy. The best way to maximize the amount of compensation you obtain is to hire a qualified attorney to represent you.

Q. How long will it take my claim to be concluded?

A.  The length of time it takes to resolve a case will vary dramatically depending on the particular facts and circumstances of each case. Generally speaking, however, a lot will depend upon how long it takes the medical providers to provide you with appropriate care to bring you to maximum medical improvement. It is to your benefit to wait until after you are done treating to try and resolve your case because the length of time it takes for your medical treatment is an important aspect of your case. After you have been released, we need time to obtain complete medical records and provide them to the insurance company for its review. Rest assured that it is our intent to obtain each client full and fair compensation for the nature and extent of his injury and we take great pride in doing just that.

Q. Will my case go to trial?

A. Nationwide, on average, somewhat less than 5 percent of all cases go to trial. In this office, less than 1 percent go to trial.

Whether a case goes to trial depends on the particular facts and circumstances of your occurrence. Because of the nature of certain incidents, some types of cases are somewhat more likely to go to trial than others. Rest assured, however, that we try very hard to represent our clients as forcefully as possible and have an excellent track record for forcing insurance companies to settle cases before trial, which is why not even 1 percent of the cases in our office result in a trial.