Calculating Personal Injury Settlements in Illinois

The valuation of a claim hinges on the distinction between economic and non-economic damages. Economic damages cover verifiable financial impacts, including medical bills, rehabilitation expenses, and lost wages, which are typically substantiated by concrete documentation. Conversely, non-economic damages encompass the emotional toll, such as chronic pain, loss of daily function, and diminished quality of life. While these factors are inherently more subjective, they remain essential components of a comprehensive settlement calculation.

Illinois law complicates these assessments through its comparative negligence framework. Compensation is directly tied to the degree of fault attributed to the injured party; if a claimant is found more than 50 percent responsible for the incident, they are barred from recovering any damages. Beyond fault, insurance policy limits often create a ceiling on total recovery, regardless of the severity of the injury. Malm stresses that maintaining consistent medical treatment is vital, as gaps in care can undermine the perceived seriousness of an injury and weaken the overall position of the claimant.