Tackling the legal system is a daunting proposition for most people. It becomes even more so when we are injured in an accident and seek to recover our losses. How much can a victim realistically expect to be awarded? Many factors determine an award, but according to Martindale-Nolo Research, the average compensation in the U.S. is $52,900.
Personal injury settlements are based on the extent of actual bodily harm, pain and suffering, and emotional distress. Bodily harm is the easiest to determine by tabulating paid medical bills, as well as anticipated expenses (surgeries, home care, and physical therapy, for example). Illinois has no cap on what a plaintiff can receive, so it’s important to take the time (and perhaps get legal advice) before filing a claim.
Under Illinois law, damages in a personal injury case can be awarded for both past and future medical expenses, earnings, pain and suffering, disability, and/or loss of a normal life. Additionally, a settlement might cover caretaking expenses, emotional distress, and shortened life expectancy. On average, 68% of plaintiffs received awards between $3,000 and $75,000, with the largest group (37%) receiving between $3,000 and $10,000.
Pain and suffering are more difficult to quantify. This includes damages for temporary or permanent limitations on activity, depression, scarring, and potential shortening of lifespan. If you may qualify for pain and suffering damages, it is critical to get a mental health professional involved to help advise you regarding what type of assistance you may need, both immediately and in the future.
Emotional distress is the hardest injury to prove. Physical injuries can lead to stress and anxiety, with long-lasting effects on the plaintiff’s life. There are several methods used to calculate pain and suffering and emotional distress; two of the most common used by attorneys are a multiplier method or a per-diem rate.
There are also provisions for wrongful death actions that allow a decedent’s family to recoup expenses incurred prior to the death of their loved one. Encompassed in the Wrongful Death Act are consideration for “pecuniary injuries,” such as the future loss of economic support.
Because there are no caps on damages in Illinois, the amount of a settlement is at the discretion of the jury in a personal injury trial. According to Martindale-Nolo Research, retaining an attorney to guide the victim through the personal injury process resulted in average settlements that were $60,000 higher. In addition, victims who negotiate for a higher settlement, either on their own or through an attorney, receive $30,700 higher on average than those who simply accepted the first offer made by the defendant’s insurance company.
There is a great deal at stake in a personal injury case. As we’ve seen, it is difficult to place a dollar value on an injury and each case is unique. For best results, secure a competent legal advisor to guide you through the process.
