What Makes Some Personal Injury Cases Worth More Than Others?

 Posted on February 28, 2026 in Personal Injury

Two people get hurt in similar accidents. One receives a modest settlement while the other walks away with significantly more. Many cases limited to property damage or minor injuries settle for the straightforward cost of car repairs and minor medical treatment. Other cases involving permanent injuries regularly produce settlements in the hundreds of thousands of dollars.

That gap isn't luck. Specific factors determine where a case lands on that spectrum. Our Cook County, IL personal injury lawyers work through these factors with clients every day. Knowing what they are can help you understand where your situation stands when you file a claim in 2026.

How Does Injury Severity Affect a Personal Injury Settlement?

Injury severity is a defining factor in these cases. A soft tissue injury that heals in six weeks is in a completely different category than a spinal cord injury that requires surgery and long-term care. What matters isn't just how much pain you're in right now. It's how the injury changes your daily life, affects your ability to work, and creates medical needs down the road.

Injuries that are permanent, cause disfigurement, or keep you from going back to work tend to result in higher case values. That's because the losses keep adding up – lost income, ongoing medical care, and a changed quality of life all factor into what a case is worth.

Can You Still Recover Damages for an Injury That Isn't Visible?

Conditions like traumatic brain injuries or chronic pain can be much more serious than a broken bone, but they're harder to prove. Medical records, doctor's evaluations, and notes from your treating physician all help show what the injury has actually cost you.

If you skip appointments or have gaps in your treatment, insurers may argue your injuries weren't that serious. Staying consistent with your medical care is one of the most important things you can do for your case.

What Types of Damages Can You Recover in an Illinois Personal Injury Case?

Knowing what you can be compensated for helps explain why some cases are worth so much more than others. Illinois law recognizes these main types of damages:

• Economic damages are the costs you can add up, like medical bills, lost wages, future treatment, and other expenses caused by your injury.
• Non-economic damages cover things that don't come with a receipt, like pain and suffering, emotional distress, and how the injury has affected your relationships and everyday life.
• Punitive damages are different from the other two. These are only available when a defendant's behavior was especially reckless or harmful. They're meant to punish, not compensate.

The more your injury affects both your finances and your quality of life, the more your case is likely to be worth.

How Does Fault Affect How Much You Can Recover for a Personal Injury in Illinois?

Fault has a direct impact on your payout. Illinois uses a rule called modified comparative negligence under 735 ILCS 5/2-1116. This means if you were partly responsible for the accident, your compensation is reduced by that percentage. If you're found more than 50 percent at fault, you will not be able to recover compensation. For example, if your damages are $100,000 and you were 20 percent at fault, you'd recover $80,000.

Insurance companies often try to push your share of fault higher to reduce what they owe you. That's why it's important to document what happened as clearly and completely as possible from the very beginning.

How Long Do You Have To File a Personal Injury Claim in Illinois?

Illinois gives most injury victims two years from the date of the accident to file a claim. This comes from 735 ILCS 5/13-202. If you miss that window, you almost certainly lose your right to recover anything, no matter how strong your case is. There are a few exceptions for minors or injuries that weren't discovered right away, but those situations are uncommon.

Even if you have time, waiting makes things harder. Evidence gets lost, witnesses forget what happened, and medical records are harder to link back to the accident. Starting early puts you in a better position.

What Factors Determine the Value of a Personal Injury Case?

Beyond the injury itself, several other things can affect what a case is worth:

• The at-fault party's insurance policy limits can cap your recovery even when fault is obvious.
• Clear evidence, like photos, police reports, witness accounts, and medical records, strengthens your claim.
• Getting medical care quickly after the accident helps connect your injuries to the incident, while delays give insurers a reason to question your claim.
• Especially reckless behavior by the defendant may allow for punitive damages.

Cook County courts handle a large number of personal injury cases each year. No outcome is guaranteed, but these factors shape what's possible in any given case.

Schedule a Free Consultation With Our Glenview, IL Personal Injury Attorneys

If you've been hurt and want to know what your case might be worth, Gruzmark Law, Ltd. can help. Our Cook County, IL personal injury lawyers take the time to go through those details with you.

Call 847-729-7660 today to schedule your free consultation and start building your claim. We speak Russian and Mongolian.