Is It A Big Settlement Or Not?
In this article, I am going to answer how can you know whether your case is going to be a big settlement or not. Do you have a case that has a big settlement value or verdict value? Or is it a case that’s probably going to be smaller? So, here’s what you have to look.
Are You At Fault Or Not?
The first thing you have to look is, is it a case where you might be partially at fault, or a jury might think you’re partially at fault or is it clearly everything somebody else’s fault? So, you’re stopped at a traffic light for a minute waiting for the light to turn and somebody reruns you well. In a situation like that, there's no way anybody's going to be able to say that it was your fault, and that you have to pay for it. Your damages should be reduced, I should tell you that in Illinois, the way it works at trial at court is, if you're more than 50 responsible for the incident that caused you to get hurt or accident, then you don't get any money. Then if you're under fifty percent, what you get is reduced by that percentage.
Let's say you win a hundred thousand at trial, those are your damages, but 20%, the jury thinks 20 of the prop of the crash was your fault and 80% was the other guy's fault. They reduced the 100, 000 by 20 percent, which means your hundred thousand goes down to eighty thousand. That's how it works and that's why it's important whether anyone could credibly say that you're partially responsible.
Insurance Policy Of The Other Person
The other thing, how big the insurance policy of the other person? If they have a big insurance policy, you're only limited by that policy. Usually now, there are ways to get more money. But based on Illinois law, it's really hard to do and some substandard insurance companies counsel their insured to go file bankruptcy immediately before the case is even over. They're protecting themselves from a bad faith claim and it's unethical to do but they do it, and they usually get away with it.
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Severity Of The Injury
The last thing to consider, which is probably the first thing you consider. I had a substantial case and that is how serious the injury is, so a neck strain or back sprain that only lasts six weeks is worth far less money than a neck or back surgery. A neck or back surgery with a good outcome where you return to work and you're feeling pretty great is worth a lot less money than somebody who has neck or back surgery and can't be fixed and they've had multiple surgeries and they're ruining their kidneys and liver with pain medication and things of that nature. So, the severity of the injury and the amount of medical treatment and the permanency are what we look for.
But the best way for you to really know a settlement range for your case is to talk to a lawyer and injury lawyer gives free consultations. I also have a tool on my website that's called this “case settlement calculator” and it's a free tool that's on my website.
Call An Attorney
The main thing is you want to be careful about attorneys who you call for a consultation who tell you it's worth a million dollars even though that's what you want to know. When you call an attorney you're usually under financial pressure, you're not working the doctor bills, are piling up, you're wondering how you're going to pay all that stuff. Well, that's natural and so it's natural for you to say the bottom line is,
“What's the case worth what am I going to get out of it? Is it even worth it for me to go through all this stress and hassle?”
So, you want a number and get that, but be wary of attorneys who easily give you a number without a lot of information. An attorney really has to have a lot of information to give you an accurate number, but tools like my settlement calculator can give you a ballpark estimate. It's not obviously legal advice because a lawyer can only give you legal advice, if they're in full possession of your facts.
If you've been injured and you need to talk or you have any questions, I offer a free no-obligation case strategy session. You can reach me 24/7 at 312-540-500. I am happy to answer your questions or you can get more information at my website at www.DeSalvolaw.com.
