May 21, 2025 | Settlements
If you were hurt in an accident in Illinois, one of the first questions on your mind might be: “How much is my case worth?” While it would be helpful to have a set number, the truth is that no two personal injury cases are exactly alike. Settlement amounts can vary widely depending on the specific facts of the case.
Still, understanding what factors influence settlement amounts can help you get a clearer picture of what to expect. In this blog post, we’ll break down the average personal injury settlement range in Illinois and explain how these numbers are determined under state law.
Understanding the Basics of Personal Injury Law in Illinois
Illinois law allows you to seek compensation if someone else’s negligent, reckless, or intentional behavior caused you harm. These cases typically arise from negligence, meaning someone failed to exercise reasonable care, resulting in an accident and injuries.
To receive a settlement, you’ll need to show:
- The at-fault party owed you a duty of care
- They breached that duty
- Their actions were the direct and proximate cause of your injuries
- You suffered actual damages as a result
Once liability is established, the next step is to calculate how much compensation you are legally entitled to receive.
Factors That Influence Personal Injury Settlements in Illinois
Several factors can affect the value of your personal injury settlement, including:
The Severity of Your Injuries
The more serious your injuries are, the more your case is likely worth. Broken bones, traumatic brain injuries, spinal cord damage, and permanent disabilities often result in much higher settlements than minor injuries that heal quickly.
The Amount of Your Medical Bills
Medical expenses—past, present, and future—are a major part of any injury claim. Your bills for hospital stays, surgeries, physical therapy, and prescriptions all add up and impact the final settlement.
Lost Income and Diminished Earning Capacity
If you missed work because of your injuries, you may be able to claim lost wages. If your injuries prevent you from returning to your previous job or working at all, your attorney can also pursue damages for loss of earning potential.
Pain and Suffering
This category refers to non-economic damages, such as physical pain, emotional distress, and loss of enjoyment of life. While harder to calculate, these damages can significantly increase your settlement value.
Liability and Shared Fault
Illinois follows a modified comparative negligence law. If you’re partially at fault for the accident, your compensation will be reduced by your percentage of fault. For example, if you are found to be 20% at fault, your settlement will be reduced by 20%.
You cannot recover compensation at all if you are more than 50% at fault under Illinois law.
Insurance Policy Limits
The at-fault party’s insurance coverage often sets the ceiling for how much compensation you can collect. If their insurance policy has a limit of $100,000, for example, that may be all that’s available unless other sources of recovery exist.
What Damages Are Available in an Illinois Personal Injury Settlement?
Personal injury settlements in Illinois can include both economic and non-economic damages:
Economic damages may include:
- Medical expenses (current and future)
- Lost wages
- Reduced future earnings
- Property damage
- Out-of-pocket expenses
Non-economic damages may include:
- Pain and suffering
- Emotional distress
- Disfigurement
- Loss of companionship
- Loss of enjoyment of life
Punitive damages are only available in rare cases where the defendant’s actions were intentional or showed extreme disregard for safety.
How Are Personal Injury Settlements Negotiated?
Most personal injury cases in Illinois settle outside of court through negotiations with the insurance company. Your attorney will usually start by sending a demand letter that outlines your injuries, the other party’s liability, and the amount of compensation requested.
From there, the insurance company may:
- Accept the demand and pay the full amount
- Offer a lower amount in response
- Deny the claim altogether
Your lawyer will negotiate back and forth to reach a fair number. If that’s not possible, they may file a lawsuit and continue negotiations during the litigation process. Most cases still settle before reaching trial, but having a lawyer with courtroom experience can help strengthen your bargaining power.
Should I Accept the First Settlement Offer?
It’s usually a mistake to accept the first offer from the insurance company. These initial offers are often far below what your case is actually worth. Insurance adjusters are trained to minimize payouts, and they may hope you’ll settle quickly without knowing your rights.
Before accepting any settlement, speak with an experienced personal injury attorney who can accurately value your case and help you understand whether the offer is fair.
How a Personal Injury Lawyer Can Help You Recover a Fair Settlement
Hiring an attorney is one of the most effective ways to increase your potential settlement.
Your lawyer will help by:
- Investigating the accident and collecting evidence
- Identifying all of the responsible parties
- Calculating a full range of damages
- Negotiating with insurance companies
- Representing you in court if needed
Most Illinois personal injury lawyers work on a contingency fee basis, meaning you pay nothing upfront. Instead, the attorney takes a percentage of the settlement if they win or settle your case. If they don’t recover money for you, you owe nothing in attorney’s fees.
Contact an Illinois Personal Injury Lawyer to Discuss Your Settlement Options
If you’ve been hurt due to someone else’s negligence in Illinois, you may be entitled to financial compensation. The amount you receive can make a major difference in your future, especially if you’re dealing with costly medical bills or time off work.
To find out what your case might be worth, contact an experienced personal injury lawyer for a free consultation. Your attorney will evaluate your situation, explain your legal rights, and help you fight for the compensation you deserve.
Contact our Personal Injury Law Firm at Powell and Pisman Injury Lawyers
If you’ve been injured in an accident in Chicago, IL, don’t navigate the legal process alone. Our dedicated team is here to provide the expert guidance you need to secure the compensation you deserve. Contact our experienced attorneys at Powell and Pisman Injury Lawyers for a free consultation.
We serve Cook County and its surrounding areas:
Powell and Pisman Injury Lawyers
875 N Dearborn St 4th Floor
Chicago, IL 60610
(312) 635-5400
Open 24/7