When you’re injured in an accident, one of the first steps to seeking compensation is filing a personal injury claim with the responsible party’s insurance company. In Illinois, unique laws and practices also play a role in determining claim values. Here’s a closer look at how insurers assess personal injury claims and what you can do to protect your rights.
Factors Insurance Companies Consider
Insurance companies rely on a range of factors to determine the value of personal injury claims. These include:
Nature and Severity of Injuries
The type and extent of your injuries are among the most significant factors in claim evaluation. Severe injuries such as fractures, surgeries, or permanent disabilities often lead to higher settlements because they require extensive medical treatment and significantly impact your quality of life. On the other hand, “soft tissue injuries” like sprains or bruises are often undervalued, even though they can cause significant pain and limit daily activities.
Medical Treatment and Costs
Consistent and well-documented medical treatment is crucial for proving the seriousness of your injuries. Insurance companies carefully review medical records and bills to verify the treatment’s necessity and cost. Delays or gaps in treatment can raise questions about the injury’s severity, potentially reducing the value of your claim.
Liability and Fault
Illinois follows a modified comparative negligence rule, also known as the “51% rule.” Under this rule, you can recover damages only if you are less than 51% at fault for the accident. If you share partial fault, your compensation is reduced by your percentage of fault. For example, if you’re found to be 20% responsible for an accident, your damages are reduced by 20%.
Property Damage
The extent of property damage, such as vehicle damage in a car accident, can indirectly influence the value of your injury claim. For instance, significant vehicle damage may indicate a high-impact collision, which could support your claim of serious injuries.
Methods Used by Insurance Companies to Value Claims
Insurance companies use specific methods and tools to assess claims, including:
Documentation Review
Insurers rely heavily on documentation such as medical records, police reports, photos of the accident scene, and witness statements. Comprehensive documentation strengthens your case and helps demonstrate the impact of the accident.
Insurance Adjuster Assessments
Insurance adjusters are responsible for evaluating claims. They often use software programs like Colossus to calculate claim values based on injury types, medical expenses, and other factors. While these programs provide a starting point, they can undervalue claims by overlooking unique circumstances or non-economic damages.
Multiplier Method
Insurers often use the multiplier method to estimate non-economic damages like pain and suffering. This involves multiplying your economic damages (e.g., medical bills and lost wages) by a factor between 1.5 and 5, depending on the injury’s severity and impact on your life.
Settlement Comparisons
Adjusters may also compare your claim to similar past cases in Illinois to determine an appropriate settlement value. This practice helps insurers establish benchmarks but can result in lower offers if past cases were undervalued.
Common Challenges and How to Overcome Them
Filing a personal injury claim can present several challenges, including:
Underestimating Non-Economic Damages
Insurance companies often undervalue pain and suffering without strong documentation. Keeping a detailed journal of your pain levels, emotional struggles, and daily limitations can help demonstrate the full impact of your injuries.
Disputing Fault
Insurers may attempt to shift blame onto you to reduce their liability. Gathering evidence, such as photos, witness statements, and accident reports, is essential to counter these tactics.
Low Initial Settlement Offers
It’s common for insurance companies to start with low offers. Be prepared to negotiate and consider consulting an attorney to advocate for a fair settlement.
Gaps in Medical Treatment
Delays in seeking medical care can be interpreted as a lack of seriousness about your injuries. Prompt and consistent treatment is key to strengthening your claim.
How to Strengthen Your Claim
To improve your chances of receiving fair compensation, follow these steps:
- Seek immediate medical attention and follow your doctor’s recommendations.
- Document everything, including your injuries, medical visits, property damage, and correspondence with the insurance company.
- Keep a journal detailing your pain levels, emotional distress, and daily challenges.
- Avoid discussing your claim with the insurance adjuster without legal representation.
- Consult an experienced personal injury attorney in Illinois to guide you through the claims process and negotiate on your behalf.
Northbrook, IL Personal Injury Attorneys
At Stein & Shulman, LLC, we understand insurance companies’ tactics to minimize claim payouts. Our team has extensive experience handling personal injury claims in Illinois, and we’re committed to securing the compensation you deserve.
We’ll investigate your case, gather evidence, and build a strong claim to maximize your recovery. Whether negotiating with insurers or taking your case to court, we’ll fight for your rights every step of the way.
If you’ve been injured in an accident in Illinois, don’t face the insurance companies alone. Contact us today for a free consultation, and let us help you get the justice you deserve.
