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How Much Is A Car Accident Lawsuit Worth?

Jul 23, 2019

The annual cost of car accidents in the United States is $230.6 billion, which comes to $820 for each person. Even a minor accident can cost you thousands in medical bills, depending on who is at fault and the coverage provided by insurance policies. Unfortunately, medical bills will not be the only expense you’ll face after a collision.


When you are injured in an accident, your first concern is for the people involved. You have to consider your injuries as well as those of passengers in your car and those in the other vehicle. When you are able, you will begin to worry about the cost. Even those of with a comfortable income need to worry about medical expenses because they can be incredibly high. Although you probably have automobile insurance, you may end up missing work and losing valuable income. Plus you may have difficulty adjusting emotionally. These cases are complicated, and often, the best way to protect yourself financially is to have a personal injury lawsuit filed for you by an experienced attorney.


COST FACTORS

Your settlement will depend partly on the expenses you incur. The cost of your accident varies according to a number of factors, including the seriousness of the crash, the property damage suffered by you and the other driver, the number of injured people, the severity of the injuries and the cost of both vehicles. A crash involving ten-year-old compact cars will be less costly than one involving high-end sports models. If no one was seriously injured, the accident will also be less costly. A collision resulting in a lengthy hospital stay and rehabilitation facility will be much greater.


DAMAGES

When you are involved in an accident, you incur several types of damages, including economic, non-economic and punitive. Economic damages include the cost of medical treatment, property repair and lost wages. These costs are easy to prove because you will have invoices and pay stubs to back up your claims.


Establishing these costs may take months, however. If you have suffered a serious injury, you may not know the total for some time since medical bills will be ongoing and your return to work uncertain. Some long-term costs may need to be estimated since medical treatment can continue for years in some instances.


Non-economic damages are harder to prove since they include items such as pain and suffering. These problems are real but rely on human beings to determine. There is no perfect way to calculate non-economic damages, so both sides in a lawsuit may argue this issue vigorously. Ultimately, a judge or jury may need to decide.


Punitive damages are those meant to punish the at-fault party for negligent behavior such as extreme speeding or distracted driving. These damages are awarded less often in auto accident cases than they are in other lawsuits, but they may be appropriate in your case.


FAULT

Your settlement may also depend on the applicable negligence laws. In Illinois, the law allows for comparative negligence, which means that you and the other driver can both be found partially at fault. If you are determined by law to be more than 50% at fault, you cannot recover any amount under the statute. If you are found to be 50% or less responsible, that amount will be subtracted from any settlement. In no-fault states, no one can collect damages due to negligence, so Illinois residents do have an advantage in these matters.


SETTLEMENT AMOUNTS

A good personal injury lawyer won’t make promises about the amount of your settlement, especially early on. The medical bills, loss of wages, etc. need to be calculated. Also, they need to know what the insurance company is offering as a settlement. Many of these cases are settled out of court, but it’s possible that your case may need to go to trial. In short, don’t expect a fast settlement, especially if the accident included severe injuries.


A common settlement amount would be three times your medical bills. So, a judge or jury might decide that your settlement amount should be $60,000 if your medical bills were $20,000. But once a judge and/or jury is involved, they are free to award any amount for pain and suffering that they deem fair. If none of the fault was yours, the settlement will obviously be higher. Of course, your attorney fees will come out of that monetary amount.


So the answer to “How much is my accident worth?” is “It depends.” That answer may not be very satisfying, but many different factors go into determining the amount you are awarded. Getting a skilled and experienced personal injury attorney is vital to your interests.


WG LAW GROUP

Since Illinois drivers live in a comparative negligence state, they are at an advantage to those in a no-fault state. However, determining fault is tricky. Fortunately, when you are involved in a car accident in Illinois, you have access to excellent legal advice. The legal experts at WG Law Group have favorably settled hundreds of cases and can advise you on the best strategy for receiving a fair settlement amount. Automobile accidents can cause immeasurable suffering and financial distress. You need someone prepared to battle for your interests.


WG Law Group treats everyone with respect and strives to provide individualized treatment. They make certain that you are fully informed during every step of the process. In fact, they urge you to take advantage of their free consultation form that is conveniently located on this website. You do not have to worry about payment now since you are not billed until they secure a settlement for you. If you’ve been involved in an accident, don’t wait. Contact them today by calling 312-334-6875 for the WG Law Group Michigan Avenue location or 815-730-7535 to reach their Shorewood office.


The content of this blog is intended for informational purposes only and does not constitute or establish an attorney-client relationship, nor constitute legal advice. If you wish to discuss any further aspect of the material contained herein, please contact an attorney at Whiteside & Goldberg, Ltd.

6 Things You Should Do After A Motorcycle Accident

17 Aug, 2020
According to NHTSA , motorcyclists only make up about 5% of all drivers. Yet, research shows that fatal motorcycle accidents happened 27 times more often than passenger car occupant accidents in 2017. Therefore, it’s important to know what you should do after a motorcycle accident whether you are the rider, the passenger vehicle driver, or just an innocent bystander. While there are things you can do to protect yourself against a motorcycle accident, even the most careful drivers can find themselves in unavoidable accidents. Immediately after an accident, your adrenaline will be pumping, and you may be in a state of shock. Learning what steps to take now will help you react properly should you ever need to. Keep reading to learn 6 easy steps to take after a motorcycle accident. WHAT TO DO AFTER A MOTORCYCLE ACCIDENT Accidents of any kind tend to happen when you are least expecting it. Maybe it’s your usual commute that you drive every day, or maybe you’re just running a quick errand. The NHTSA reports that approximately 52 percent of all accidents occur within a five-mile radius of home and 69 percent of all car accidents occur within a ten-mile radius from home. To avoid being caught off guard too much, it’s best to always expect the unexpected and drive defensively at all times. 1. Get to safety The first thing you should do is analyze your surroundings and current situation. Are you in harm’s way? Are you badly injured? If possible, remove yourself from the roadway and out of traffic. Check to see if anyone else was involved in the accident and help them get to safety as best as you can. 2. Do not remove your protective gear After an accident, you may be in shock and the adrenaline may be preventing you from feeling any pain or injuries. Always keep this in mind and wait for paramedics to arrive before you remove your helmet and other gear to avoid exacerbating injuries. 3. Call 911 After you have gotten to safety and before you remove any protective gear, call 911 to report the accident. Depending on the severity of the accident, police and paramedics may come to the scene. 4. Seek medical attention Even if you don’t think you’re injured, it’s always best to get checked out by a medical professional after any accident. Serious injuries may not be apparent right away and sometimes it will take days, weeks, or months for symptoms to appear. If you were on a motorcycle during the accident, you are extremely susceptible to broken bones and serious internal damage and bleeding. 5. Gather evidence No matter the accident, it’s always a good idea to gather evidence immediately after. This means taking your own pictures, writing notes, and obtaining a copy of the police report. Speak with the other driver to swap insurance information and any other contact information. 6. Speak with a lawyer and your insurance company When is the best time to speak with a personal injury lawyer? The sooner, the better. Hiring a qualified motorcycle accident lawyer can make all the difference in your insurance settlement. Most of the time, insurance companies will offer you the lowest amount possible, but an accident attorney can help negotiate with insurance companies. It’s always a good idea to consult with a lawyer before accepting any settlement. Your lawyer will usually speak with your insurance company on your behalf, but regardless of who contacts your insurance, you should always speak with them in a timely manner. These are the 6 steps to take immediately after a motorcycle accident. In addition, it’s important to note that you should never admit fault if you were just in an accident. Even if you think you made a mistake or could have avoided the accident, words of fault could be used against you. This applies when speaking to the other driver, police officers, and insurance companies. STATUTE OF LIMITATIONS If you are involved in a motorcycle accident, you are entitled to sue for damages when injuries or fatalities result. When motorcycles are involved, the severity of injuries dramatically increase. As with any personal injury case, there is a statute of limitations during which a claim should be filed. In Illinois, the injured party has 2 years from the date of the accident to file a claim. However, there are a few exceptions to this rule. The time to file a case may be extended if you were under the age of 18 or if you were mentally incompetent at the time of the accident. The time to file may be shortened if the accident involved a government vehicle or if you are filing a wrongful death claim on behalf of someone who died in the accident. In order to receive the maximum compensation for your injuries, you should reach out to a personal injury attorney right away. WHITESIDE & GOLDBERG, LTD. As you can see, there are many crucial steps to take quickly after being involved in a motorcycle accident in order to file a successful personal injury claim. To sum it up, you should: Seek out prompt medical attention Take pictures and notes Obtain copies of all medical records and police reports Hire an experienced attorney to help you file a claim within the statute of limitations Whether you have sustained minor or life altering injuries, we encourage you to follow the steps and set yourself up for success by working with a qualified personal injury lawyer. If you are in the Chicago area, Whiteside & Goldberg Law Group offers free consultations for anyone who would like to discuss their case. No matter the severity of your accident and injuries, it is always important to contact an experienced lawyer to help you recover any losses or damages. The attorneys at Whiteside & Goldberg Law Group never charge a fee until they win a settlement for you. You can contact them today at by calling 312-334-6875 for the Whiteside & Goldberg Law Group Michigan Avenue location and 815-730-7535 for their Shorewood office. The content of this blog is intended for informational purposes only and does not constitute or establish an attorney-client relationship, nor constitute legal advice. If you wish to discuss any further aspect of the material contained herein, please contact an attorney at Whiteside & Goldberg, Ltd.

Auto Accidents Involving Pedestrians

13 Aug, 2020
While driving, it is not only important to keep your eye out for other vehicles around you, but also for pedestrians near the road or crossing streets. According to the CDC , there were 5,977 pedestrians killed and 137,000 injured in auto accidents in in 2017 in the United States. In Illinois alone there were a total of 4,940 pedestrian accidents in 2017. DETERMINING FAULT When determining who is at fault in an accident involving a pedestrian it is important to take into consideration many different factors. The main determining factor to establish who is at fault, is in regard to negligence. Negligence, according to FindLaw , is the “failure to do (or not do) something that a reasonable person in a similar situation would do, to protect others from foreseeable risks”. In order to obtain compensation for damages or injuries, the injured person must prove that the person at fault meets the following criteria: Owed a legal duty to the plaintiff. Failed to follow through with the legal duty. Caused the accident involving the plaintiff. The plaintiff was injured as a direct result of the accident caused. In some cases, there may be multiple liable parties. The main parties that could all be held liable would include first, the most obvious case, the driver of the vehicle that caused the accident. However, in other circumstances, whoever is responsible in maintaining the sidewalk, crosswalk, road or parking lot where the accident occurred, or even the pedestrian themselves could also hold liability. D  UTY OF CARE DRIVER By getting behind the vehicle and making the active decision to drive a car, you take on a driver’s duty of care. This means that you are liable to exercise a reasonable amount of care when performing this action. Failing to commit to and practice this duty of care would be considered negligence. Thus, leaving you liable for any harm or injury occurring due to your lack thereof. Some basic duties of care as a driver include: Following the speed limit Yielding to pedestrians at crosswalks Following traffic signals/lights/signs Signaling when turning or changing lanes Giving your full attention to driving (no distractions) Not driving under the influence (alcohol/drugs) Being aware of the weather or traffic conditions and practicing extra caution when needed Use a greater degree of care when driving in areas where children are present PEDESTRIAN Even though pedestrians may generally have the “right of way” in most circumstances, they also have a duty of care to maintain. Failure to comply can result in “contributory negligence” if their lack of care contributed to their resulting injuries in an accident. Duties of care as a pedestrian include: Following the signals at an intersection, and only walking when the “walk” signal is displayed. Using only designated crosswalks to cross streets. Using reasonable caution when deciding to cross a street by checking both ways to ensure no cars are coming. Not walking out in front of a moving vehicle in the street. In Illinois, pedestrians have the right-of-way in most cases. According to the Illinois Vehicle Code , pedestrians still have to follow their basic duty of care by not walking out in front of a moving vehicle, use designated crosswalks, and follow all other designated traffic signals. However, if attempting to cross the street in an area with a lack of traffic signals a driver still must yield. Additionally, in the state of Illinois, hitchhiking as a pedestrian is illegal. Illinois follows the “modified comparative fault theory”. Meaning that if the plaintiff is deemed at least 51% responsible for the accident, they will not be able to collect compensation. If the plaintiff is less than 51% responsible, then compensation may be obtained from the defendant. However, due to the modified comparative fault theory, compensation will accurately represent the degree of fault by subtracting the plaintiff’s percentage of fault. RISKS The CDC has provided information in regard to what circumstances a pedestrian accident may be more likely to occur, and who is most often involved. In order to do your best to reduce these types of accidents it is important to recognize when you should be more alert when operating a vehicle, and when you should not be driving at all due to impaired judgement. ALCOHOL Approximately 47% of accidents causing a pedestrian death involved alcohol levels above .08 g/dL in either the driver and/or pedestrian ELDERLY & CHILDREN 20% of pedestrian deaths and 10% of injuries consisted of pedestrians ages 65 and older (2017). About 20% of children 15 years or younger killed in traffic accidents were pedestrians (2017). SPEED Driving at high speeds will increase the chances of hitting a pedestrian and the severity of injury. TIME/LOCATION The majority of pedestrian deaths tend to happen at night in urban, non-intersection locations. HOW TO STAY SAFE Only cross the street using designated crosswalks. Walk on the sidewalk, not in the street. Wear reflective clothing when out at night. Be aware of your surroundings. Limit use of earbuds or phone when walking near a road. WHITESIDE & GOLDBERG, LTD. If you have been involved in an auto accident with a pedestrian, whether you were the driver, or the pedestrian, we encourage you to set yourself up for success by working with a qualified personal injury lawyer. If you are in the Chicago area, Whiteside & Goldberg Law Group offers free consultations for anyone who would like to discuss their case. No matter the severity, it is always important to contact an experienced lawyer to help you recover any losses or damages. The attorneys at Whiteside & Goldberg Law Group never charge a fee until they win a settlement for you. You can contact them today at by calling 312-334-6875 for the Whiteside & Goldberg Law Group Michigan Avenue location and 815-730-7535 for their Shorewood office. The content of this blog is intended for informational purposes only and does not constitute or establish an attorney-client relationship, nor constitute legal advice. If you wish to discuss any further aspect of the material contained herein, please contact an attorney at Whiteside & Goldberg, Ltd.

How to File a Medical Malpractice Claim

19 Jun, 2020
Although it may be your first instinct to hurry up and file a medical malpractice claim directly after a resulting injury from your provider, there are a few steps to take to make sure you have a viable case before filing a claim. C  ONTACT THE MEDICAL PROFESSIONAL INVOLVED IN YOUR INJURY Communicating with your doctor before filing a claim can make the process of correcting your injury significantly simpler for both the medical professional and you. This step allows for you to understand what might have gone wrong that would have resulted in your injury. If it is determined that the injury can be remedied, most medical providers will offer to provide a solution to correct the injury. CONTACT THE MEDICAL LICENSING BOARD In situations where discussing your issue with your medical provider does not result in a solution for your injury, proceed to contact the affiliated medical licensing board. The licensing board generally will not order your doctor to compensate you, but they can issue disciplinary action toward the practitioner and can help guide you in regard to the next steps to take regarding the claim. If completing the above steps did not provide you a solution or compensation for your injury, it may be time to proceed with determining if you are eligible to file a medical malpractice claim. The next step would be to determine the requirements of the statute of limitations and the certificate of merit in your state regarding medical malpractice claims. STATUTE OF LIMITATIONS Every state has different guidelines for the statute of limitations for specific civil claims. The “statute of limitations” is the amount of time you have from the occurrence of the incident to when your claim must be filed in order for it to be valid. In Illinois, the statute of limitations for medical malpractice claims is 2 years from the date that the victim discovered the injury. CERTIFICATE OF MERIT More and more states are requiring a “certificate of merit” to certify that the injury sustained was directly resulting from negligence committed by your medical professional. In Illinois, filing this “certificate of merit” is required before proceeding to file your medical malpractice claim. Filing the certificate first requires you to contact an expert that will review your medical records. The expert will then have to confirm that your provider deviated from the standard of care expected, which would have resulted in your injury. Once the injury due to negligence is verified your lawyer can then file the certificate of merit which acts as a confirmation that you have communicated with a medical expert which provides merit to filing a claim. OUR LAWYERS HERE AT WHITESIDE & GOLDBERG, LTD., ARE HERE TO HELP YOU THROUGH THIS PROCESS. CONTACT US TODAY IF YOU HAVE EXPERIENCED NEGLIGENCE RESULTING IN INJURY FROM YOUR HEALTH CARE PROVIDER AND WE WILL GET YOU THE HELP YOU DESERVE. Medical malpractice claims have meet the three following requirements in order to be sufficient: 1. A VIOLATION OF THE STANDARD OF CARE There are certain standards that have to be met in the medical field. These standards are recognized and accepted by health care professionals. Any patient should generally expect this standard of care to be met. If the patient believes that they received service that did not meet the standard, negligence may be established. 2. NEGLIGENCE RESULTING IN INJURY Negligence by itself, from violating the standard of care, is not enough to validate a medical malpractice claim. The patient must be able to firmly prove that the accident or injury was solely caused by the negligence exhibited. If the injury could have occurred despite negligence, then it could have simply been an unfavorable outcome. In order to form a case, the injury that ensued has to be a direct cause of negligence. If the injury was not directly caused by negligence, a medical malpractice claim cannot be made. 3. SIGNIFICANT DAMAGE CAUSED BY THE INJURY Medical malpractice lawsuits are extremely costly. Thus, in order for a case to be viable the patient has to show that the injury resulted in significant damage. “Significant damage” could include a disability resulting from the injury, loss of income, unusual pain, suffering and hardship, or significant past and future medical bills. TO FILE, OR NOT If all of the above criterion has been met, you could very well be qualified to file a medical malpractice claim. However, proceeding with the claim can be very time consuming and expensive. Many cases end up simply being settled out of court for this reason. Additionally, most medical malpractice insurance companies often reject a lot of the claims filed. Thus, it may be better to take a second to determine if you and your lawyer believe your case is strong enough to uphold in court and attempt to attain a larger settlement, or if you should simply try for a cheaper and faster out-of-court settlement. WHITESIDE & GOLDBERG, LTD. Whiteside & Goldberg, Ltd. has successfully worked on numerous Illinois medical malpractice cases. They know that there are many tricky scenarios that can lead to a medical malpractice case. You can get a sense of your legal position by taking advantage of their free consultation . Your current finances should not deter you from seeking help. WG Law Group does not charge you a cent until they have secured a settlement for you. For more information, contact them by calling 312-334-6875 for the WG Law Group Michigan Avenue location or at 815-730-7535 for their Shorewood office. Call today to begin your journey to fair compensation. The content of this blog is intended for informational purposes only and does not constitute or establish an attorney- client relationship, nor constitute legal advice. If you wish to discuss any further aspect of the material contained herein, please contact an attorney at Whiteside & Goldberg, Ltd.
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