I get it. You've been in a car accident, you're hurting, and you want to know what your case is worth. So you go online and type 'car accident settlement calculator' into Google. I've seen dozens of these tools, and here's the truth: they can give you a very rough ballpark, but they cannot account for the things that actually determine what your case is worth.
Here's why. Every car accident case in Illinois is different. The severity of the impact, the type of injuries, your age, your occupation, which hospital you went to, which doctor treated you, what county the case would be filed in, and who the insurance company is — all of those things affect the value. An online calculator can't weigh those factors the way an experienced attorney can.
For example, I've had two clients with nearly identical injuries from rear-end collisions. Same type of car, same general area of Chicago. One case settled for $85,000 and the other settled for $175,000. The difference? One client had a pre-existing back condition that the accident made worse (which is called 'aggravation of a pre-existing condition' and is absolutely compensable in Illinois), and the other client's treating doctor wrote incredibly detailed reports that made the injuries crystal clear to the insurance adjuster.
The medical documentation matters more than most people realize. If your doctor's notes just say 'patient reports pain,' that's not nearly as powerful as notes that describe the specific clinical findings, the functional limitations, and the prognosis. Part of what a good car accident lawyer does is make sure your treatment is being documented in a way that supports the full value of your claim.
Another thing calculators miss entirely is future damages. If your accident caused a herniated disc, and your doctor says you'll likely need a surgery down the road, that future medical cost needs to be factored into your settlement. Same with future lost wages if your earning capacity has been affected. Insurance companies will never voluntarily pay for future damages unless you have a lawyer who knows how to present that evidence properly.
So go ahead and use the calculator to get a general sense of things. But before you accept any offer from the insurance company, call me at 312-500-4500. The consultation is free, and I'll give you an honest assessment of what I think your case is actually worth based on nearly 30 years of doing this.
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The truth is that no injury lawyer can really tell you exactly what your case is worth until they have gotten all of your medical bills and records, reviewed them, and have done a full analysis of your car accident to determine what the approximate value it. Sometimes, lawyers will try to ‘sell’ the injured person on case value to get them to sign their contract, but the truth is, you have to put in the work to really have a good estimate.
Complicating matters is the fact that sometimes, a really bad case turns into a very good one as the case is investigated and as treatment progresses. And the opposite is true, as well. Sometimes, a doctor gives bad testimony or doesn’t support a case, or a witness comes forward who really hurts your chances at trial.
Even though it sounds self-serving, talking to a car accidednt lawyer about your car crash case in a Free COnsultation is the best way to get an idea of the value of your case.
But here are some guidelines that can help you understand how to evaluate whether your case is good or not.
That’s because Illinois is a “Comparative Fault: State when it comes to personal injury cases. That means that each person or entity (like a business) which has some responsibility is assigned a percentage of fault. If the injured person is found to be more than 50% at fault, then they recover nothing at trial. Otherwise, all at-fault people or businesses are assigned a percentage of their fault from 100% to 0%, and the total has to add up to 100%. If an injured person is found to be 400% at fault, then their award of damages is reduced by their percentage fault — i.s., 40%. So you can see that knowing this information is pretty important.
The general rule is that the more medical bills, medical treatment and lost time from work, and the more permanent the injury, the more potential value the case has. Everyone understands this. Big cases are worth more, little cases, usually, are worthless. if you break a bone or have surgery, that adds value. That sort of treatment is expensive. Also, long hospital stays can really be expensive, and we claim every penny of those charges in your personal injury case.
It is easy to understand if you think about it. If you recover from a sore neck, that may be a case that is worth some money. But if God forbid, you end up with a bad neck for the rest of your life, a case like that HAS to be worth more money. Finally, if your neck is ruined to the point that you need surgery and even after the surgery, you cannot work or run or exercise or go bowling, but instead, you are stuck at home or in a wheelchair or using a walker, that is devastating and can mean a large verdict or settlement.
I get calls from people who pretend that they do not have a lawyer, and they tell me about their case. Then, at some point, they ask me what the case is worth. I will always ask them how much are their medical bills total, and did they lose time from work. Then, I always ask them whether they are still under the care of a doctor for the injuries they sustained in the car accident. Any Chicago car accident lawyer worth his or her salt will ask very similar questions. But then, when they finally tell me they have a lawyer, I immediately tell them that while I can provide general information, only their lawyer, who has access to the medical bills and records, can possibly analyze the case at the level it must be to give an injured person any sort of realistic understanding of the case strengths and weaknesses and what it might be worth at trial versus in settlement.
It is important to keep in mind the Settlement amounts can be less than trial amounts because you are buying certainty and a sure recovery because you never know what a Jury might do with a case.
So guaranteed money means possibly a little less than you might get a trial, but nothing at trial is guaranteed.
Give the video a watch. It explains all of this in much more detail and might be able to answer some questions you have if you have been in a Chicago car accident. I don’t’ want to make you read an entire book on this web page. That’s why I do so many YouTube videos because it is easier to learn about personal injury lawyer by watching and listening than just reading.
If you have a question or need help on a case, give me a call at 312-500-4500. The call and consultation are free. Or submit your case for review to my office with the button below.
No — not reliably. Online calculators use formulas that can't account for the specific facts that actually determine case value: the nature and permanence of your injuries, the clarity of liability, the available insurance coverage, comparative fault issues, and the jurisdiction. They produce numbers that may be wildly off in either direction. The only way to get a meaningful estimate is to have an attorney who handles Illinois car accident cases regularly review your actual situation. That evaluation is free — call 312-500-4500.
All medical bills related to the accident — ER, ambulance, hospitalization, surgery, specialists, physical therapy, chiropractic, prescriptions, and medical equipment. Future medical costs if your treatment is ongoing or if you'll need future procedures. Lost wages for time missed from work. Future lost earning capacity if your injuries permanently affect your ability to work. Out-of-pocket expenses including transportation to medical appointments and home care costs.
There's no exact formula — it's determined through negotiation based on comparable cases, the nature and severity of your injuries, the duration of your recovery, permanent limitations, and the impact on your daily life and relationships. Insurance companies use their own internal software. I know what juries in Illinois award for similar injuries and I negotiate from that baseline rather than from the insurer's lowball starting point. Trial readiness — which I have through my Gerry Spence and Keenan training — is what makes that negotiating position credible.
Practically speaking, yes — if the at-fault driver has minimum Illinois coverage of $25,000 and your damages are $100,000, collecting beyond the policy limit requires either a judgment against the driver personally (usually not collectible) or your own underinsured motorist coverage. This is why I identify all available coverage sources at the start of every case — the at-fault driver's policy, any umbrella coverage, your own UM/UIM coverage, and any other potentially liable parties. Call 312-500-4500.
Scott DeSalvo founded DeSalvo Law to help injured people throughout Chicago and surrounding suburbs. Licensed to practice law in Illinois since 1998, IARDC #6244452, Scott has represented over 3,000 clients in personal injury, workers compensation, and accident cases.
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