Can I Ask for More Money for My Car Accident in Chicago?

Fair Compensation for Car Accident Victims

Many car crash victims in Chicago sadly accept car accident settlements that don’t fully cover their losses, often because they don’t realize they’re entitled to more.

According to the Insurance Information Institute, auto liability claims for property damage averaged $6,551 in 2022, and bodily injury claims were around $26,501. Individuals who don’t retain legal counsel after a crash typically obtain less compensation.

A study by Nolo revealed that people who hired an attorney ended up with about $77,600 on average, compared to $17,600 for those who didn’t. This difference underscores how vital legal guidance can be for those hoping to secure fair compensation.

With a lawyer’s help, you can better understand the true worth of your damages and ask for more money from a car accident case. Contact Rosenfeld Injury Lawyers today to speak with a Chicago car accident attorney.

Who Decides How Much My Car Accident Claim Is Worth?

When trying to determine how much your car accident claim is worth, several factors come into play:

• The Crash Investigation: Police reports and witness statements provide insight into how the crash unfolded. They can reveal who was at fault, which in turn affects the settlement value.
• Medical Bills: Past, present, and future medical treatment costs all factor into the total amount you might receive. Follow-up care and physical therapy should be included in the money from a car accident claim.
• Lost Wages and Diminished Earning Capacity: If your serious injuries force you to miss work or permanent injuries cause a permanent reduction in your hours, that income loss should be reflected.
• Pain and Suffering or Emotional Distress: Stress, anxiety, and other forms of emotional distress can significantly impact your daily life and should be taken into account.
• The At-Fault Driver’s Insurance Policy Limits: No matter how serious your losses are, the at-fault driver’s coverage cannot exceed its maximum payout. This can cap the settlement amount you can collect from the insurer unless you explore other routes of recovery to obtain additional money.

Insurance adjusters ultimately work to minimize what they pay. By consulting with a car crash lawyer, you can present strong evidence and are likely to get more money from a car accident case.

How Illinois Insurance Laws Play a Role in Your Car Accident Settlement

Illinois insurance laws also play a big part in how much compensation you might receive.

• Mandatory Insurance Requirements: Drivers in Illinois need to carry auto insurance that meets at least the state’s minimum coverage levels for bodily injury and damage to vehicles involved as well as property that is damaged. These rules help ensure that you can receive a fair settlement.
• Illinois Is a Fault-Based State: After a crash, determining who caused the crash is essential. If fault is proven, the responsible driver or their insurance is liable for the harm done.
• Comparative Fault (Modified Comparative Negligence): Illinois uses a system where your share of responsibility for a crash can reduce the settlement amount you receive. If you’re found more than 50% at fault, you might not be able to collect damages at all.
• Uninsured/Underinsured Motorist Coverage: In Illinois, you may carry insurance for accidents where the at-fault driver doesn’t have enough coverage to pay for your losses, like medical expenses and related expenses.

Understanding these laws and policy limits is essential, and an attorney familiar with Illinois car accident cases can help ensure you receive the compensation you deserve.

How Much Money Should I Ask for After My Car Accident?

After a car accident, the money from a car accident case should cover all financial losses and hardships resulting from the accident. Determining what to ask for can feel overwhelming, but breaking it down into different categories can help ensure that nothing is overlooked.

• Medical Expenses: A fair settlement should account for all medical costs, including emergency care, surgeries, hospital stays, rehabilitation, and therapy.
• Vehicle Repairs or Replacement: If your car was damaged or totaled in the accident, include the costs of repair or replacement in your personal injury claim. Get an appraisal or repair estimate to provide a reliable figure.
• Lost Income: If you had to miss work during recovery, make sure to include the wages you lost. Pay stubs, employer letters, or other documentation can help prove this portion of your claim.
• Future Earnings: For accidents that result in permanent injuries or disabilities, you might lose the ability to work or might have reduced earning potential. This type of loss should be factored into your settlement demand.
• Pain and Suffering: Non-economic damages like physical pain, emotional distress, and reduced quality of life are often harder to quantify, but they are equally important. A car accident lawyer can help assign a fair value to this aspect of your case.

Insurance companies often focus only on immediate or easily measurable costs, underestimating the full scope of your losses. An attorney with experience in personal injury cases can help calculate the long-term financial and emotional impact of your accident.

Common Factors That Affect Your Car Accident Settlement

Several elements influence the value of your car accident settlement value, such as:

Severity of Injuries

Serious car accident injuries that result in permanent disabilities or require long-term care often lead to higher settlement amounts. This is because the costs associated with ongoing medical treatment, physical therapy, and the inability to work can significantly impact your future quality of life and financial stability.

Liability Disputes

When the other driver is clearly at fault, it can strengthen your claim and make settlement negotiations more straightforward. If there is disagreement about who caused the accident, it may delay the process and complicate reaching a fair resolution.

Insurance Policy Limits

The compensation you receive can be directly influenced by how much insurance coverage the at-fault driver carries. If their policy has low limits, it may not fully cover the costs of your damages, leaving you to explore other avenues for additional compensation beyond the policy limit settlement.

Comparative Negligence

Under Illinois comparative negligence laws, if you are found partially at fault for a crash, your compensation will be reduced by your percentage of fault. For instance, if you are 20% responsible, your settlement would be reduced accordingly. If you are more than 50% at fault, you can’t recover any compensation at all.

A car accident attorney can evaluate the most significant factors and determine the best approach for securing fair compensation through an insurance claim or a lawsuit.

Report Your Car Crash

Don’t forget that Illinois law requires drivers to report any crash that results in injury, death, or property damage exceeding $1,500 to the local police department or the Illinois Department of Transportation (IDOT). Filing a police report at the scene is usually the best way to do this. Failing to report a crash can result in fines, license suspension, or other legal consequences.

How Can I Ask for More Money for My Car Accident Claim?

Insurance companies often make an initial offer that is quite low, sometimes of just a few thousand dollars, hoping car accident victims accept it without question. To increase your car accident settlement value in an insurance claim, you can:

• Gather strong evidence, including medical records, receipts, and expert opinions
• Avoid giving recorded statements that could be used against you and posting anything about your accident on social media
• Get a detailed medical prognosis for long-term expenses
• Hire a lawyer to negotiate effectively and ask for more money

If negotiations fail, we may recommend filing a lawsuit to demand the additional compensation you’re entitled to. A legal professional is essential, as insurance companies sometimes act with bad faith. Some insurance companies may refuse to negotiate honestly, delay the process, or deny legitimate claims altogether.

An attorney can provide you with expert advice and help ensure you’re treated fairly throughout the claims process.

Should I Negotiate with the Insurance Company Myself?

You can handle your own car accident case, but it’s important to realize that insurance companies have teams of adjusters and lawyers whose main job is to reduce the settlement amount you receive. An experienced attorney knows the tactics insurance companies use and can help you:

• Provide an accurate estimate of your claim’s value
• Handle all communications with insurers
• Challenge unfair settlement offers
• Represent you in court if needed

Negotiating on your own often leads to settling for less than you deserve. Although consumers do have rights – insurance firms must act in good faith, make fair payments, and allow you to dispute low offers or provide more evidence – a car accident lawyer can ensure those rights are actually honored.

How Can an Experienced Car Accident Attorney Help Maximize My Compensation?

An experienced attorney builds a strong car accident case backed by solid evidence. Here’s how our firm can help you get maximum compensation:

• Conducting a Detailed Accident Investigation: Your attorney will gather police reports, witness statements, medical records, and photographs from the accident scene to determine exactly what happened.
• Working with Medical Professionals to Document Your Injuries: Properly documenting your severe injuries is essential for showing the full extent of your losses. Attorneys collaborate with doctors and specialists who can provide medical reports and expert testimony. This could help you get more money from the claim.
• Calculating Both Economic and Non-Economic Damages: Accurately valuing your claim involves assessing not only medical bills and lost wages but also less tangible aspects like pain and suffering or emotional distress.
• Negotiating with Insurers for the Highest Car Accident Settlement Possible: Insurance companies often try to minimize payouts by making a very low initial offer. A skilled attorney knows how to counter these initial offers to make sure you receive fair compensation that reflects the true value of your claim.
• Filing a Lawsuit if Necessary: If settlement talks fail, your attorney won’t hesitate to take your case to court. They will represent you through every step of the personal injury litigation process, working to protect your rights and pursue the maximum compensation you deserve.

Having a lawyer on your side can help you secure a car accident settlement offer that truly reflects the scope of your losses.

Speak with a Chicago Car Accident Lawyer Today

If you were injured in a Chicago car crash, there’s no need to handle it alone or accept the initial settlement offer that comes your way. During a free consultation, you’ll have a chance to discuss important details of your personal injury case, and you won’t have to face insurance adjusters alone.

Contact Rosenfeld Injury Law today and schedule a free case review by calling (888) 424-5757 or completing our online contact form. We’ll explain your legal options and do everything possible to get you more money from a car accident case than you’d get without a lawyer.

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.