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How Much Is My Personal Injury Case Worth?

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If you have been injured because of someone else’s carelessness and are considering filing a lawsuit, you may be yourself, “How much is my case worth?”

There are two basic types of damages for which injury victims can be awarded monetary compensation – “compensatory damages” and “punitive damages” – and two potential limitations on these damages.

Types of Compensation

1. “Compensatory” damages. Compensatory damages compensate you for your injuries and financial losses related to the accident. Depending on the nature and extent of your injuries, you may be entitled to recover the following compensatory damages:

Medical bills. You are entitled to recover medical bills incurred because of your injuries. You are also entitled to recover the cost of future medical care, if any, you require as a result of your injuries.

Lost wages. If you cannot work because of your injuries, you are entitled to recover your current and future lost wages.

Pain and suffering. You are entitled to recover damages to compensate you for your physical discomfort and distress, as well as your mental and emotional trauma. In some states, there are limits on the amount you may recover for pain and suffering.

Loss of normal life. If your injuries prevent you from enjoying the pleasurable aspects of life, such as hobbies, exercise and the like, you may recover damages for what is referred to as “loss of normal life.”

Other damages. In addition to the common categories of compensatory damages listed above, additional damages may be applicable depending on the nature of your injuries. These include property damage, loss of consortium, disfigurement, increased risk of future harm, shortened life expectancy and future care-taking expenses.

2. Punitive damages.
Punitive damages refer to a sum of money, often significant, that goes above and beyond compensating you for your injuries. Punitive damages punish the at-fault party for their extremely reckless or intentional behavior. Examples include a car company that knowingly leaves faulty brakes in a car rather than issuing a recall or a doctor that intentionally performs an unnecessary surgery. Punitive damages are reserved for only the most extreme cases of reprehensible conduct. An attorney can tell you if your case may qualify for punitive damages.

Potential Limitations on the Extent of Your Monetary Recovery

Two major factors can affect the extent (maximum or partial) of your monetary recovery:

1. Who is at fault for your injuries? The extent of your monetary compensation will depend, in part, on who is at fault for your injuries. If someone else is entirely at fault, then you are entitled to receive all of your compensatory damages. If you are entirely at fault, then you are not entitled to recover any compensatory damages.

But what happens if you are partially at fault and someone else is partially at fault for your injuries? Illinois is a “modified comparative negligence” jurisdiction, which means that a judge or jury will examine the facts of your case and assess each party’s relative fault.

As long as you are no more than 50 percent at fault for your injuries, you are entitled to recover compensatory damages. Your damages will, however, be reduced by your percentage of fault. For example, if you were awarded $1 million in damages, but were found to be 30 percent at fault for your injuries, then your damages would be reduced by 30 percent, or $300,000, and your total recovery would be $700,000.

2. Did you attempt to “mitigate” your damages? When you have been injured because of someone else’s carelessness, you must “mitigate” your damages, which means you must avoid aggravating your injuries. Generally, an injured party must attempt to minimize their injuries by seeking prompt medical attention and following the medical provider’s instructions.

3. The government was at fault. If a local or state government employee is found to be liable for your injuries, there may be a cap on the maximum amount of damages you can recover.

Other than these three situations, there is no limit to the amount of compensation a jury can award you. Unlike many other states, there are no damages caps for non-economic damages. However, the state and federal constitutions require that certain damages awards are not “excessive.”

To schedule a free consultation about your case, call us toll-free at 1-877.595.HURT (4878), or send us an e-mail and one of our Personal Injury Attorneys will respond promptly.

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The overall experience I had with Briskman Briskman & Greenberg was the kind that everyone should receive from any firm.

The staff stayed in contact with me via phone and email, they were very knowledgeable, they made sure I understood what was going on at all times, they answered all of my questions, were transparent, and definitely exceeded my expectations. I highly recommend them.

- Brandon Spivey

The level of care, attentiveness, empathy and concern relating to my case when dealing with Briskman Briskman and Greenberg surpassed my expectations.

They were extremely knowledgeable and fair in all matters related. They exemplified excellent customer service and care. They kept me inform and updated every step of the way and any questions I had they answered. I highly recommend using them as I would again.

- Joshua Payton

I was put to ease with the professionalism at Briskman and Briskman.

Paul Greenberg especially put my mind to rest and within a years time I have settled my case and I am very satisfied with the outcome. My injury was devastating but working with this law firm has put a lot of stressful nights to rest.

- Nakia Childs

I needed a personal injury lawyer and Gavin and his team went above and beyond.

They made the process simple and helped me in every step of the way. What I really appreciate is that they are straightforward and are quick to respond to my questions and any issues from a text or phone call. They as well continuously checked up on me. I'm happy with how they handled my case and would recommend giving them a call!

- Ted Zakrzewski

Briskman Briskman & Greenberg (BBG) is a legal team you want on your side.

They handled my case in a professional, sensitive and very competent manner. The staff exhibits expertise in the legal realm and provided excellent customer support and care. Thanks BBG for your help with navigating a very sensitive and challenging case for my family.

- Robin Albritton

If you were in an accident and need an excellent lawyer, talk to Paul!!

Very nice and professional lawyer that extremely cares about their clients. Fingers crossed I'm never in an accident ever again but if so, I' would definitely, 10/10 use Paul again!

- Danny S.

I am so very pleased with the representation from BB&G!

Robert Briskman handled my injury case very well. Funny and understanding personality and he took the time to explain everything in detail of the entire case. It was wonderful working with him. I would recommend BB&G to anyone and for myself again in the future.

- Geneva Vanderbilt

From the moment I contacted this law firm I was treated like family.

Gavin Pearlman was honest and upfront with me throughout the process. No surprises and never kept me hanging. I strongly recommend These attorneys for your needs.

- Ron Gaber

I cannot say enough good things about the attorneys at Briskman Briskman & Greenberg.

They were extremely responsive, professional, and compassionate throughout the entire process.Their negotiations skills were exceptional, and they were able to secure a settlement that far exceeded my expectations.I am grateful to have had such a dedicated team