When you are injured in a car accident caused by another party, you want to know how much compensation you can recover for your damages. Most car accident cases are settled without going to trial, so it is natural to wonder how settlement amounts are determined in car accidents in Chicago.
Settlement amounts are determined by several factors, including the extent of your injuries, your lost wages and earning capacity, current and future medical expenses, pain and suffering, and property damages.
Settlement amounts are also influenced by whether liability is unclear, whether you are partially responsible for the accident, how strong a case you have, and the limit of insurance coverage and other assets to pay your damages.
At Meyers & Flowers Trial Attorneys, a Chicago car accident lawyer will evaluate the facts of your accident, injuries, and case and advise you on what we believe would be a fair settlement of your claim, considering all known facts.
Can You Prove Negligence?
Since most car accident claims are based on negligence, you must be able to prove the four elements of negligence to be successful. The four elements you must prove are:
- The defendant owed you a duty of care.
- The defendant breached their duty of care.
- The defendant’s breach of duty caused your accident.
- You suffered actual damages because the defendant breached their duty.
These are the basic elements of proving negligence. Our attorneys leave no stone unturned in discovering the evidence needed to prove each element of negligence. When causation is contested, we may work with accident reconstructionists and other experts to help determine and demonstrate how your accident happened and who is liable for your damages.
Are You Partially At Fault?
Under Illinois law, if you are partially at fault but your fault is determined to be fifty percent or less, you may still recover compensation from the other at-fault parties. However, your compensation will be reduced by the percentage of fault attributed to you. For example, if you are found to be 25% at fault and your damages total $100,000, you could still recover $75,000 after your percentage of fault is deducted.
Your degree of fault directly impacts your settlement amount. Fault is often hotly contested. Our attorneys work tirelessly to avoid or minimize any assignment of fault to you and to maximize your compensation.
What Damages Can We Prove?
In a successful Chicago car accident claim, you should be able to recover economic and non-economic damages. Economic damages include current and future medical expenses, current and future lost wages, property damage, and other expenses, and anticipated expenses incurred due to your accident and injuries.
Your non-economic damages include pain and suffering, mental and emotional distress, loss of enjoyment of life, scarring and disfigurement, loss of consortium, and other intangible losses.
We will use your medical records, any pain journal you keep, photographs, video footage, eyewitness accounts, estimates, receipts, bills, and other types of evidence to help prove your economic and non-economic damages.
We also frequently consult with and use the testimony of medical, economic, and other industry experts to help establish the existence and current and future value of your tangible and intangible damages.
Let Meyers & Flowers Trial Attorneys Help You Recover Maximum Compensation for Your Car Accident Damages
Our injury lawyers in Chicago have a proven record of recovering maximum compensation for our clients, and we want to do the same for you.
Call (630) 824-3963 or complete the short form on our contact page to schedule a free consultation to discuss your Chicago car accident claim.