Should You Settle Out Of Court? Understanding Illinois Personal Injury Claims

When you’ve been injured in an accident, your number one priority is to get your life back together. A personal injury claim allows you to get the financial compensation you need to pay medical bills and cover your losses. This article explains why settling a claim before it goes to court can provide you with the best possible outcome, including:

• The main advantages of settling your personal injury claim out of court.
• The types of compensation you can receive and how they are calculated during the settlement process.
• The downsides of settling an Illinois personal injury claim out of court.

What Are The Main Advantages Of Settling A Personal Injury Claim Out Of Court?

Settling your personal injury claim without going to trial has many advantages, with the most important being certainty. When your fate is in the hands of a jury, the outcome is always uncertain. Regardless of the strength of your case or the skill of your lawyer, the result of a trial is inherently unpredictable.

In contrast, settling a case provides 100% certainty about what you will receive. Here are some additional reasons why settling out of court can be beneficial:

1. Avoiding The Time & Expense Of A Trial

• Time Lost From Work: You will need to be in court for the entirety of the trial, which can mean a week or more of lost work time.
• Trial Expenses: While your attorney typically advances the expenses related to going to trial, these costs will come out of any verdict you receive.
• Expert Fees: The costs of expert witnesses can significantly increase your expenses when going to trial.

By settling, you save time and money and gain a much greater degree of certainty regarding the outcome of your case. This approach allows you to move forward with your life without the prolonged stress and uncertainty of a trial.

When Should Or Can I Settle My Personal Injury Claim?

Settlements can occur at any stage of litigation. Some cases are resolved as late as the day before the trial starts, while others may settle before a lawsuit is even filed. Throughout the course of a case, which can often span years, settlements can be reached at every conceivable stage. Ultimately, the best time to settle is whenever you receive an offer that you are satisfied with.

In some instances, obtaining a settlement can be straightforward. It might involve making a demand, having discussions with attorneys on both sides, talking to an adjuster, and finalizing the deal.

However, in other situations, reaching a settlement may require mediation. Mediation involves a neutral third party, often a retired judge, who facilitates discussions between you, the defendant, and a representative from the defendant’s insurance company. The mediator helps all parties compromise and agree on a reasonable valuation for the claim.

While there are many different ways to reach a settlement, it is always a less formal (and less expensive) process than going to trial. It allows you to move forward with a resolution that you are comfortable with without the uncertainties and potential costs of a trial.

What Types Of Compensation Can One Expect In A Settlement?

The compensation you receive in a settlement is always a lump sum. It will not be broken down into categories or earmarked. For example, instead of receiving $10,000 for medical bills, $5,000 for lost wages, and $2,000 for pain and suffering, you will receive a single offer of $17,000.

It is up to you, with the help of your attorney, to determine if that settlement amount is sufficient. If you accept a settlement, that will be it—no additional money will be provided in the future, even if new medical expenses arise.

You need your settlement to cover your medical expenses, attorney’s fees, and all other costs. If you accept less, as insurance companies may try to convince you to do, it can be impossible to recover more later.

Attorney Alexander Memmen works in the greater Chicago area of Illinois to ensure accident victims are able to cover their bills and get back on their feet. He has helped countless accident victims reach settlements they are happy with for their personal injury claims. The wisdom he has accumulated in over 20 years of experience in negotiations and courtrooms is now at your disposal to help you make the right decision for you and your family after a life-changing accident.

If you have been injured in an accident and are considering an offer from an insurance company, contact Alexander Memmen today to schedule a 100% free consultation to discuss the compensation you can expect and should demand.

How Is Compensation For Medical Expenses Calculated In A Settlement?

In personal injury claims, compensation is based on your past medical expenses. Unfortunately, insurance companies across the US are increasingly claiming that the medical expenses you were billed for are too high. For example, they might argue that a $10,000 emergency room bill should have only been $6,000 and suggest you accept compensation of only $6,000 for that bill.

This is why it is crucial to hire an attorney who understands the law. In Illinois, if you go to trial, the right attorney can present all your medical expenses to the jury, even if the insurance company believes they are too high. While the defense might hire an expert to argue that the bills are excessive, more often than not, you should receive full compensation for those bills regardless of whether they have been paid.

Once a settlement is reached, your attorney will work with the medical providers and/or the insurance company to reduce the amount you have to pay as part of the settlement.

What Is Pain And Suffering Compensation And How Is It Determined?

Not all compensation is based on tangible bills or lost income; some are meant to cover the pain and suffering you experienced as a result of your injuries.

For example, if you had back pain that kept you out of commission for a couple of months or are enduring life-altering paralysis after a traumatic accident. Everyone, including juries, understands that being injured comes with pain and suffering.

A good attorney can effectively convey to the jury how that pain and suffering has impacted your life. By clearly illustrating the extent of your pain and suffering, they can advocate for a reasonable amount of compensation to cover those intangible damages.

Can You Receive Compensation For Lost Wages In A Settlement?

In any personal injury settlement, you should receive compensation for lost wages if you missed work due to your injuries.

However, this is becoming increasingly complicated because of the gig economy. People who work as Uber drivers or deliver for DoorDash do not have a fixed salary or hourly wage, making it challenging to calculate losses from time spent at home.

No matter what sector you work in, you need a lawyer who understands the economics involved to ensure you recover all of your lost wages in your settlement.

What Are The Potential Downsides Of Settling Out Of Court?

The major downside of settling a personal injury claim out of court is that the settlement may not be high enough. Fortunately, an attorney can help you determine if an offer is worthwhile.

At the end of the day, there is simply no reason to go to trial if you have been offered a reasonable amount of money to settle the case.

For more information on Out Of Court Personal Injury Settlements In IL, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (312) 586-2820 today.