How Much Can Someone Sue for a Car Accident

When discussing “How much can someone sue for a car accident?”, Illinois law does not impose a maximum amount on the damages that can be sought. A car accident victim in Illinois has the right to sue for the full extent of their economic and non-economic damages without a legal cap. You can seek compensation for all medical bills, lost income, pain and suffering, and other related losses. The amount you may recover depends on the specific circumstances of your case, including the severity of your injuries and how the accident has affected your life. 

Navigating insurance claims and potential lawsuits can be challenging in many cases, and having the proper legal guidance can make a significant difference. At Walton Telken, our Edwardsville car accident lawyer helps residents understand their rights and pursue fair compensation.

What’s the Maximum You Can Claim From an Insurance Company?

Illinois follows a modified comparative negligence rule, which allows injured individuals to recover damages only if they are found less than 50 percent responsible for the accident. Your compensation is reduced by the percentage of fault assigned to you. For example, if your total damages amount to $100,000 but you are 20 percent at fault, you could receive $80,000. As the Illinois Department of Insurance explains, insurance companies carefully review accident reports, evidence, and witness accounts to determine liability.

Insurance policy limits can also affect the final payout. When damages exceed these limits, filing a lawsuit may be necessary to pursue additional compensation. Insurers may also attempt to minimize settlement amounts, so detailed documentation of your expenses and injuries is essential.

Can You File a Lawsuit If You Caused the Accident?

You cannot recover damages if you are found more than 50 percent at fault for the accident. Under Chapter 735 ILCS 5/2-1116, Illinois law bars plaintiffs from recovering compensation if their negligence is the primary cause of the crash. If your fault is 50 percent or less, you can still file a lawsuit, though your share of responsibility will reduce your recovery.

Determining fault often involves examining traffic camera footage, police reports, and statements from witnesses. These pieces of evidence are crucial for establishing liability and ensuring that strong facts support your claim.

Key Factors That Affect the Value of Your Lawsuit

Several important factors influence the value of a car accident lawsuit:

• The severity and permanence of injuries
• Total medical expenses, including ongoing treatment needs
• Loss of wages or reduced earning potential
• Vehicle repairs or property damage
• Pain, suffering, and emotional impact
• How has the accident changed daily activities or quality of life

Detailed evidence and documentation play a key role in proving these elements. Medical records, therapy reports, and financial documentation help to demonstrate the true extent of economic and non-economic losses.

Understanding How Car Accident Claims Are Valued

Car accident claims in Edwardsville are evaluated based on financial losses and the broader personal impact on the victim’s life. Economic damages include all measurable expenses such as emergency care, hospital bills, rehabilitation costs, vehicle repair, and lost wages. Non-economic damages, on the other hand, focus on intangible harm like pain, emotional distress, and the reduced ability to enjoy daily activities or relationships.

In many cases, insurers and courts may apply multipliers to the total economic damages to estimate non-economic compensation, but these calculations are not fixed. The final settlement often depends on how effectively evidence is presented, the strength of medical records and witness statements, and the ability to show how the accident has changed the victim’s quality of life.

Strategies to Increase Your Car Accident Settlement

Your actions following an accident can significantly influence the outcome of your settlement. Seeking immediate medical attention, gathering and preserving evidence, and documenting every cost related to your recovery are critical steps. Presenting well-organized evidence during negotiations can lead to a more favorable result.

Other helpful strategies include carefully reviewing early settlement offers and working with professionals who can estimate the long-term costs of your injuries. By fully demonstrating both financial losses and the emotional effects of the accident, you stand a better chance of achieving a fair settlement.

Speak With Walton Telken Today

Car accident cases require careful evaluation and a clear strategy to determine how much someone can sue for a car accident in Illinois. Our attorneys at Walton Telken are committed to protecting your rights and helping you secure the recovery you deserve. 

Call 844-307-7349 today to schedule a consultation and learn more about your options.

“Walton Telken Bragee’s Managing Partner Attorney Troy E. Walton has over 25 years of experience handling personal injury, nursing home, medical malpractice, premises liability, construction, and workers’ compensation cases.”

Troy E. Walton

Trial Lawyer & Managing Partner