Can a Chicago Personal Injury Attorney Tell Me How Much My Case Is Worth?

This is perhaps the most common question Chicago personal injury attorneys are asked, and it is one of the hardest to answer. There are countless variables that can affect the value of your personal injury case, and not all of them can be assessed immediately after your accident.

An injury that results in lasting health problems or negatively affects your long-term job prospects will likely have a higher settlement value than one that heals quickly. Doctors can’t tell right away which category your injury will fall into.

When you meet with a Chicago personal injury attorney, you will likely have many questions to ask, but be prepared to answer some of the attorney’s questions, too. An attorney needs lots of information to determine whether your case has a good chance of settling or whether it will go to trial. The answers you give may also allow the attorney to make a preliminary estimate of the value of your claim, though this will more likely be a settlement range, not a specific dollar amount. An attorney’s questions will focus on the areas of liability and damages.

Liability

You must be able to show that another party is legally responsible for causing your injury. In some cases, liability is obvious. If a driver swerved out of his lane and sideswiped your bike, that driver is probably liable for your injury. But if the driver was on an errand for his employer, or if he swerved because of a mechanical defect in his car, there may be some question of whether the driver or a third party is at fault.

If the person who caused your accident is uninsured and unable to pay your damages, your Chicago personal injury attorney may be able to identify a third party who is also legally liable. If you have uninsured motorist coverage, you may also be able to recover from your own insurance company.

In most cases, a Chicago personal injury attorney will argue a theory of negligence, meaning that your injury was caused because the other party did not exercise adequate care as required by law. Sometimes, the defendant will argue that your negligence also contributed to the accident. This is called “contributory negligence.”

Damages

Some damages are obvious from the start. You can be compensated for hospital bills, prescriptions, and other medical expenses, as well as lost wages if your injury caused you to miss work. A Chicago injury attorney may be able to suggest some other damages you may not have considered, such as long-term medical costs if your injury has lasting effects or if it reduces your expected future earnings.

You could also be compensated for pain and suffering and for permanent disability or disfigurement. Insurance companies are more likely to pay expenses that are supported by itemized bills or other documentation, so while obtaining financial recovery for medical expenses is relatively easy, insurers will probably be more hesitant to pay when pain and suffering or anticipated future expenses are an issue.

For more specific factors that could enter into the valuation of your case, see How Much Is My Case Worth? For a free evaluation of your case, please fill out the claim evaluation form on this page.