How is Compensation Determined in an Illinois Car Accident Case?

How is Compensation Determined in an Illinois Car Accident Case?

Even a safe, highly skilled, and attentive driver is still at risk of being involved in a serious motor vehicle accident. After a crash, you need money to pay bills and support yourself. This raises an important question: How do they determine the compensation in a car accident case? In Illinois, your financial recovery will be determined by several factors, including liability, damages, and your ability to handle insurers. Below, our Illinois car accident lawyer provides an overview of the key things to know about how compensation is determined in a motor vehicle accident injury claim.  

The Three Big Factors that Determine Compensation in an Illinois Car Accident Claim

Car accident compensation is determined on a case-by-case basis. The specific circumstances always matter. Here are three key factors that will determine what compensation will be recovered in a motor vehicle accident injury claim in Illinois:  

• Liability: Illinois is a fault-based auto accident jurisdiction. The driver, commercial truck company, or other party found to be responsible for a crash is liable for the damages. Under the Illinois comparative law (735 I.L.C.S. § 5/2-1116), fault is divided proportionally. Your ability to prove fault will have a major impact on the value of your case. You must prove the defendant’s negligence in order to hold them liable for your damages. 

• Damages: With few exceptions, car accident compensation in Illinois is linked to actual losses sustained by the victim. In other words, the amount that you can recover in a crash will depend on your losses. You have to prove your losses in the legal claims process. Common damages include vehicle repairs, medical bills, lost wages, and pain and suffering. 

• Process: Finally, your car accident compensation in Illinois will also depend on your ability to effectively navigate the process itself. Here is the key issue: Insurers fight hard to resolve cases for less. They want to pay out the minimum amount possible in a settlement. By proving liability, establishing the full extent of your damages, and presenting a strong claim, you will be in the best position to maximize your recovery. An experienced Illinois auto accident attorney can help.  

Schedule a Free Consultation With a Top Illinois Auto Accident Attorney Today

At SAM LAW OFFICE LLC, our Illinois car crash lawyers are standing by, ready to protect your rights and interests every step of the way. It is our mission to help you maximize your financial recovery, either through a settlement or verdict. Contact our legal team today for a free review of your case. We represent injured victims throughout Greater Chicagoland.