If you’ve recently been in a car accident, you may be wondering whether it’s worth filing a personal injury lawsuit. In short, youāll be wondering how much money you will get if you hire a lawyer and file a lawsuit. Well, not surprisingly, car crash settlements vary widely based on the specifics of each case. I cannot give you a settlement number because this is not a āone size fits allā topic.
If you have small, soft-tissue, non-permanent injuries, your case may settle in a wide range (possibly between $15,000 – $100,000.) Of course, if your injuries are more serious and are permanent (like a broken leg that requires surgery with the placement of rods, screws, and pins inside your leg), your case may be worth in the hundreds of thousands or millions of dollars.Ā Every case is truly different.Ā
But the fact of the matter is if you’ve been injured in a car crash, it’s always worth looking into a lawsuit. A good lawyer who focuses his entire practice on these cases will help you discover what your case is worth. He will also maximize your case value and force the insurance companies on the other side to pay you full value for your injuries. Here we’ll go over how damages and settlements are determined so you can have an idea of what’s possible in your case.
Injuries Determine the Value of Your Case
First and foremost, the size of any verdict or settlement will depend on the amount of damage done to your vehicle and your body. Injuries range from temporary discomfort to permanent disabilities, with some of the most common ones including:
- Whiplash, sprains, and strains
- Herniated or bulging discs
- Fractured vertebrae
- Concussions
- Traumatic brain injuries
- Fractures
- PTSD and other serious psychological disorders
It probably goes without saying that a brain injury or concussion is more severe than temporary whiplash, so you are thus more likely to receive a larger settlement for the former.
Money damages are meant to cover all elements of damages, including pain and suffering, loss of normal life, disability, disfigurement, medical expenses, lost income, and other out-of-pocket expenses that result from the incident. So, if a car crash results in a permanent disability, thus affecting your ability to work, you’re more likely to get a larger settlement because you’ll require future ongoing medical care without being able to earn income at your job. On the other hand, if you have one visit to the emergency room, are released without treatment, and have no further medical follow-up treatment, your settlement will be much less. In either case, though, it’s wise to pursue a personal injury suit because you deserve compensation for the harm you suffered.Ā
Determining a Settlement Amount
Keep in mind that settlements happen outside of court, so negotiations can take some time to achieve. That being said, the insurance companies will do anything they can to slow your case down and avoid paying the full amount you deserve. It isn’t until negotiations fall through that a trial occurs.
There are a number of factors that determine how a settlement is reached:
- Severity of injuries: How have the injuries affected your life? Are your injuries permanent? Are you in pain? Can you work?Ā
- Medical expenses: This includes both past medical bills as well as potential future ones. If, for instance, you’ll require physical therapy for the rest of your life or a future surgery, this will increase the amount of your settlement.Ā Ā
- Lost wages and earning capacity: If your injuries are severe enough to warrant a leave of absence from work, a settlement will include your lost wages. This applies to any workdays you’ve already missed as well as ones you may miss in the future because of doctor appointments, future surgeries, etc.Ā
- Contributory Negligence: Determining fault is obviously key in personal injury suits. In the State of Illinois, if a plaintiff is contributorily negligent (meaning you were partly at fault also), you can still recover money damages as long as you are 50% or less at fault. So, if your case is worth $300,000 but you are 50% at fault as determined by a jury, you will only be able to recover $150,000.Ā Ā
- Legal representation: Getting a seasoned personal injury attorney with experience in large settlements is critical to winning the damages you deserve.
Average Settlement Figures
There is no “true” average since each personal injury lawsuit depends on case-specific details, including all of the factors listed above and more. Truly, the damages you are entitled to cannot be determined at a quick glance.
That being said, a very wide range for minor injuries may be between $15,000 to $100,000. For more severe injuries, settlements can reach the millions. For instance, I helped an Illinois college student receive a record $18 million after she was hit by a car while crossing the street. She suffered a brain injury and will require medical supervision for the rest of her life, so the compensation she received was justified.
Maximize Your Settlement with These Tips
While you can’t walk into an attorney’s office and expect a settlement number on the spot, there are things you can do to help maximize your recovery.
First, seek medical attention immediately after the accident. It’s important to establish what injuries have occurred as early as possible and for these injuries to be documented by a medical professional. Take pictures of your injuries, the damage to your vehicle, the scene, and file a police report. If possible, secure witness names so your attorney can take witness statements. These will all be used as evidence when negotiating a settlement or during a trial.
Most of all, contact an attorney as soon as possible. A good attorney will immediately get to work gathering evidence on your behalf and will handle the burden of paperwork while you recover. Two of the most common mistakes people make after an incident are talking to insurance companies by themselves (i.e., without an attorney present) andĀ then accepting the first settlement that they’re offered. The insurance industry is crafty; adjusters will try to get you to downplay your injuries ā or even admit fault ā before you have even been discharged from the hospital. An attorney who deals with insurance companies on a daily basis is acquainted with the tactics they use and will be able to protect you from their underhanded tricks.Ā
Brian Lewis Doesn’t Settle For Less. Neither Should You.
Whether youāve been injured in a car crash or have lost a loved one due to someoneās negligence, Brian Lewis is an experienced Chicago car accident lawyer who has helped people like you achieve justice since 1997. He will walk you through every step of the process, lifting the burden off your shoulders and giving you the knowledgeable representation that you and your loved ones deserve. Brianās litigation experience and passion for holding people accountable have allowed him to win more than $150 million in damages throughout the course of his career.
Contact Brian Lewis today if you’ve been injured in a car crash.