It's one of the most frustrating parts of having a personal injury or workers' comp case: you ask your lawyer how much money you're going to get, and they won't give you a straight answer. I get why that's frustrating. You have bills to pay. You want to know if this whole process is going to be worth it. So let me explain what's really going on.
A responsible lawyer won't give you a specific number early in your case because they literally don't have enough information yet. Your case value depends on a bunch of things that haven't been determined yet: What are your final medical bills going to be? Are you going to need surgery? How much work are you going to miss? Is your condition going to be permanent? What do the medical records say about the severity of your injuries? Until we know the answers to those questions, any number we give you would be a guess.
And here's the problem with guessing: if I tell you early on that your case is worth $50,000, and it ends up settling for $35,000 because your injuries weren't as severe as we initially thought, you're going to feel like I failed you. On the flip side, if I tell you $30,000 and it ends up being worth $100,000, you might have made financial decisions based on that lower number that you didn't need to make. Either way, an early guess does more harm than good.
Now, there's a difference between a lawyer who says 'I can't give you a number yet because we need more information' and a lawyer who promises you the moon to sign you up and then ghosts you. The first one is being responsible. The second one is being unethical. If a lawyer tells you your case is worth a million dollars before they've even looked at your medical records, run. That's a red flag the size of Texas.
A good lawyer will give you a range — not a specific number, but a range — once they have your medical bills, your records, and an understanding of the full picture. At that point, we can tell you something like 'based on similar cases we've handled, I expect your case to settle in the range of X to Y.' That's the honest way to do it.
If your current lawyer won't talk to you about case value at all, even after months of treatment, that might be a problem. You have every right to know where you stand. Call us at 312-500-4500 if you want a second opinion on your case.
Lawyers don't realize that at the beginning of the case they'll know that after you've finished seeing the doctor or after they've ordered a lot of medical records and bills and can evaluate them. Any lawyer whom upfront tells you "it's a million dollar case sales job" or they're attempting to get you to shut up and get off the phone is not a great strategy because eventually, those chickens are going to come home to roost. I believe it's not good, and once a client realizes you're just giving them a BS answer, they lose trust in you why should they when you no longer want to speak with them, examine their case, or respond to their questions? That, in my opinion, is not the basis for a strong working relationship with a client.
Anyhow, an honest lawyer won't offer you an exact sum of money at the start of the case. Likewise, if they do so without having any knowledge of the particulars of the case and after you've already started receiving treatment, they aren't being completely forthright. They might be able to provide some insight into the case's value range, but what can I say, that's just how it is. Nevertheless, I think I may have a solution for you. I have a tool on my website called the case cash calculator, and I also have another calculator called the do I have a good case calculator. Both of these calculators take 10 or 15 seconds, and they consist of a series of multiple-choice questions that you can answer directly on your device. If you have to think about the answers, they are all very simple, and they give you an idea of what your case might be worth as well as a range and a ballpark figure. Listen, I know some people don't like it when I ask for their name, email address, and if they want a callback, their phone number.
Well, listen, I'm going to tell you as an officer of the court I do not lie. Also, just as a person I do not lie, I like to collect people's information and then I email you and if there are any questions or even if you don't, or you don't pick up the phone, don't call us back, we don't call you 50 times or even call you three times. We probably contact you just once to check if you have any questions since, in my opinion, if someone freely gives us their phone number, it suggests they want us to get in touch with them.
Unbelievably, many of the individuals who contact me online are a bit reluctant to pick up the phone. As a result, I often call them and they say, "Oh I'm so pleased you called," and then we speak for a half hour. To be honest, most of them don't turn out to be cases for me, but I still get to answer questions, make new friends, and assist someone, so it's all good. The question at the end does need you to enter your name and email address to view your results, but they run Mills and sign up a million instances. If they don't like the case, they sign you up, and six months later, you get a drop letter. If the case is decent, they have a paralegal or a law clerk draft a demand letter, send it out, settle the case for whatever they can get, and then they call you and try to convince you to settle it whether you should or shouldn't. This is a business process.
I hope you and your family are doing well. Please feel free to contact me at 312-500-4500 at any time, day or night, if you have any concerns or require legal advice.
Several legitimate reasons. Until you've reached maximum medical improvement, the full extent of your injuries isn't known — and permanent limitations dramatically affect case value. Until the liability picture is fully developed, the strength of the negligence case isn't certain. Until all medical records are obtained and reviewed, total damages can't be calculated. And until we know the available insurance coverage, the practical ceiling on recovery isn't established. A lawyer who gives you a specific dollar amount before these factors are known is guessing — and that number will likely be wrong.
Once you've reached maximum medical improvement and have a stable medical picture, once liability is established, and once all medical records and damages documentation are in hand. At that point I can give you a realistic range based on comparable Illinois cases, the specific facts of your injuries, and the available coverage. I will always give you the most honest assessment I can — not an inflated number to keep you happy and not a lowball to manage expectations. Accuracy serves you better than false comfort.
A good attorney isn't withholding — they genuinely don't know with precision until the case develops. What you should get is transparency about where the case is, what information is still developing, and a realistic estimate as soon as one is possible. If your attorney won't explain why they can't give you a number, won't update you on case status, or goes silent for extended periods, those are different problems — not medical uncertainty but communication failures. I keep clients informed throughout. Call me at 312-500-4500 if you have concerns about your current representation.
In rough order of importance: the severity and permanence of your injuries, your total medical bills and projected future medical costs, your lost wages and future earning capacity impact, the clarity of the defendant's fault, the available insurance coverage, and your comparative fault percentage if any. Of these, injury severity and permanence have the most impact. A case with modest medical bills but permanent disability can be worth more than a case with high bills but full recovery. Call 312-500-4500 for a free honest evaluation of your specific situation.
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If you or a loved one is dealing with a situation like this, give us a call any time, day or night. We are here to help. 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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