What Makes a Personal Injury Case Worth More?

If you have suffered a personal injury and are pursuing a lawsuit, your first priority is healing and being made whole. A secondary but still important question is how much you will recover. While every case is unique, certain factors significantly influence the value of a claim. By exploring these factors, injured parties and their legal teams can better assess what makes a case worth more and take steps to maximize recovery. Here are the key elements that contribute to the value of a personal injury case.

What are Damages and What Will I Receive?

In personal injury cases, the word “damages” refers to the monetary compensation awarded to a party who has suffered loss or injury due to another party’s actions. In other words, this is the money that a judge or a jury says is necessary for the injured person to become whole and/or to deter the party who caused the injury from engaging in the same conduct again. 

The types and extent of damages you have sustained will play a critical role in determining the overall value of your personal injury case. Damages are categorized into two main types: economic and non-economic.

Economic damages are the tangible, measurable financial losses directly resulting from your injury. These include medical expenses—such as hospital bills, surgeries, medications, rehabilitation, and future medical care—as well as lost wages for time missed from work. If the injury permanently affects your ability to work, damages may also include compensation for lost earning capacity. Additionally, property damage, like repairing or replacing a vehicle in a car accident, is included under economic damages.

Non-economic damages, on the other hand, are more subjective and reflect the ways your injury has diminished your quality of life. This includes pain and suffering, emotional distress, loss of companionship, and the inability to engage in activities you once enjoyed. These damages can be significant, especially in cases involving severe or permanent injuries.

What Results in Greater Damages?

In personal injury cases, many factors will influence what and whether a person recovers. It is possible for someone with an identical case and circumstances to end up recovering more or less money, as these determinations are ultimately made by the judge or jury. However, here are some things to consider.

Severity of Injuries

The severity of the plaintiff’s injuries is one of the most significant factors in determining the value of a personal injury case. Severe injuries often lead to higher compensation because they result in greater medical expenses, longer recovery times, and a more profound impact on the victim’s quality of life. Medical expenses in personal injury cases can include emergency room visits, hospital stays, surgeries, physical therapy, prescription medications, and assistive devices such as wheelchairs or prosthetics.

Examples of severe injuries include:

• Burn injuries: Severe burns often involve prolonged treatment, scarring, and psychological trauma.
• Spinal cord injuries: Partial or total paralysis can necessitate lifelong medical support, rehabilitation, and home modifications.
• Traumatic brain injuries (TBIs): These can result in permanent cognitive or physical impairments requiring ongoing care.

Clear Liability

Just because you suffered an injury does not mean that you are entitled to recovery. In a personal injury case, you must demonstrate that a person caused or should have anticipated that they would cause your injury. In other words, if the other person did not cause your injury, you cannot go after them for damages. But just because someone did something that caused your injury does not mean that you will be able to recover, either. Illinois is a comparative negligence state, meaning that you can only recover if you are less than 50 percent at fault. Therefore, if a judge or jury determines that you were half-responsible for a car accident, you would not be entitled to recover anything. However, if you were found 20% responsible (for instance, you were driving a bit too quickly), then whatever you recover would be reduced by twenty percent. For instance, if you recovered $100,000 but were 20 percent responsible, you would only recover $80,000.

Strong Evidence

To increase your chance of recovering at all, but especially recovering a large amount of money, it is crucial to have strong evidence. Things such as eyewitness testimony, police reports, accident reconstruction, and medical results can potentially support large findings. Alternatively, even if you prove that the other person caused your injury, if you do not provide evidence of the extent of the injury, you are less likely to recover large amounts of money.

Having a Competent Personal Injury Attorney

Hiring an experienced personal injury attorney can significantly increase the value of your case. A skilled attorney will thoroughly assess your damages, including future medical expenses and non-economic losses like pain and suffering, to ensure that nothing is overlooked. They will negotiate aggressively with insurance companies to secure the best possible settlement. If a fair settlement cannot be reached, they will represent you in court.

Judgment Does Not Mean Recovery 

If you successfully get a large payout due to your personal injury lawsuit, it is important to remember that you may not see all or any of the money. The availability of insurance or assets to pay a claim is important to understand. Even if there is an eye-popping verdict or settlement in the personal injury case, the ability to recover compensation may be limited if the defendant has minimal or no insurance coverage or the defendant lacks substantial personal assets

Contact an Experienced Personal Injury Attorney

The value of a personal injury case depends on various factors, including the severity of injuries, liability, and the types and extent of damages incurred. Cases involving serious, long-term injuries and clear fault typically result in higher settlements or verdicts. Additionally, thorough documentation and skilled legal representation can help maximize the compensation you deserve. By understanding these factors, victims can work with an experienced personal injury attorney to heal and move on with their lives.