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What Factors Can Affect the Value of a Car Accident Injury Claim?

Posted on in Car Accidents

IL crash lawyerIf you or a loved one were involved in a serious auto accident, you probably have questions about your legal rights. You may already know that a personal injury claim may allow you to recover financial reimbursement for your medical bills and other damages, but you are unsure of what your case is worth. You may ask, “How much compensation am I entitled to through a personal injury claim?” The exact amount of compensation that an injured person may be able to recover after a car accident varies dramatically from case to case. The amount you may be entitled to will likely be influenced by the severity of your injuries, whether there is shared liability for the accident, and several other factors.

The Severity of Your Injuries and Your Prognosis

In a car accident injury claim, damages often include medical bills, future medical care, and other injury-related expenses. If your injuries required significant medical treatment such as surgery or specialist treatment, this would likely increase your potential payout. If your injuries require ongoing care such as physical or occupational therapy, this too will likely increase the value of your claim. The severity of your injuries will probably affect the amount of work you will need to miss and therefore increase the amount you may be entitled to for lost income. Catastrophic injuries and injuries resulting in permanent disability often lead to higher payouts. However the severity of your injuries and your prognosis are just some of the many different factors that can influence the value of your claim.

Shared Liability for a Car Accident

If your actions partially caused the accident or worsened the injuries resulting from the accident, this may heavily influence your payout. Illinois is a “modified comparative negligence” state. This means that if an injured person is considered 50 percent or more at fault for the injury-causing incident, he or she is barred from recovery. If there is shared liability but the injured person’s fault is less than 50 percent, the damages he or she may be entitled to are reduced proportionate to his or her share of fault.

Punitive Damages Are Available in a Small Percentage of Cases

Most personal injury claims involve “compensatory damages” or money intended to compensate the victim for their losses. Punitive damages are not intended to compensate the victim but are instead designed to financially penalize the wrongdoer for actions that were especially reprehensible. Punitive damages are only awarded in a small number of car accident injury claims but may be awarded in cases involving driving under the influence, reckless driving, or other grossly negligent actions.

Contact a Waukegan Car Accident Injury Lawyer

If you or a loved one were hurt in a car accident, contact a Lake County personal injury attorney from Salvi & Maher, L.L.C. to discuss pursuing compensation. Call our office at 847-662-3303 for a free consultation.

 

Source:

http://www.illinoiscourts.gov/CircuitCourt/CivilJuryInstructions/IL_IPI_Civil.pdf

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