How the Value of a Car Accident Claim Is Determined Under Illinois Law

Car Crash Attorney Using a Calculator to Help Determine Compensation FiguresBeing injured in a car accident can cause significant financial hardships for victims and their families, and people often want to know how much they can recover by filing a car accident claim. While the amount victims can receive varies depending on the details of the case, there are a few common factors that can be used to calculate potential compensation.

Factors That Can Affect the Amount of a Car Accident Claim

One of the most important factors in a car accident claim is the amount of fault each party contributed to the crash. Under Illinois’ comparative fault system, any damages a victim receives will be reduced his or her percentage of fault—and if the victim is found to be more than 50 percent at fault for the crash, he or she will not be owed any damages at all.

When Calculating the Amount a Victim May Receive, Our Car Accident Attorney Will Review Your:

  • Injury costs. Medical expenses often make up the majority of a victim’s losses, especially if he or she was forced to undergo emergency treatment, surgeries, hospital stays, or rehabilitation. Injury victims have a right to recover all medical treatment related to the injury, including ongoing doctors appointments, assistive devices, prescriptions, and other out-of-pocket costs.
  • Lost income. Victims may miss a significant amount of work during their injury recovery, and some may never be able to return to their former employment.
  • Future losses. Injuries that result in permanent losses—such as paralysis, brain damage, or disability—often require long-term expenses and reduced earning capacity. Victims may be awarded an amount for their pain and suffering (non-economic damages) related to the crash in addition to their economic losses.
  • Insurance limits. In most cases, car accident victims are limited to recovering the amount available in the drivers’ insurance policies. However, if the accident was caused by a commercial trucking carrier or a defective car part, victims can seek additional compensation through a third-party claim.

You Need an Experienced Car Accident Attorney to Handle Your Claim

Going up against the insurance company is not easy. They will try to discredit your claim, and may even try to make you see doctors of their choosing. You don't have to fight this fight alone. Our car accident lawyers know what it takes to win your claim, and are here to help you every step of the way. We represent injured victims in Illinois, as well as Missouri, get the compensation they need to recover quickly, safely, and fully.

Want to know more about your legal rights after an accident in Illinois? Download your FREE copy of our book, When the Rules of the Road Get Broken: A Guide to Illinois Car Wreck Cases, or contact The Tapella & Eberspacher Law Firm via our online contact form to schedule an appointment.

 

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