Health care mistakes can upend your life in a moment, and because of the devastation, they can result in substantial settlements. You may want a quick number, but there is no one-size-fits-all answer in Illinois. Case value is impacted by factors like clear medical records, expert reviews, and a thorough picture of how the injury affects your work, family, and future care. Hiring an experienced Aurora, IL medical malpractice attorney can make a significant difference.
Key factors that often raise or lower the value of a medical malpractice claim include:
Severity of injury: Catastrophic harm, such as brain injury, paralysis, or amputation, typically results in higher compensation.
Clear link to negligence: Medical experts who explain how a provider violated the standard of care and caused the harm usually increase case value.
Age and work history: Your damages for lost wages and reduced earning capacity may be worth more if you are younger or work in a specialized field.
Future medical needs: Lifecare plans, therapy, equipment, and home or vehicle modifications can drive up the long-term cost of care.
Impact on daily life: Pain, disability, scarring, and loss of normal life matter, even if you return to work.
Insurance and defendants: Insurance coverage and the number of responsible parties can limit or expand what you can collect.
Illinois sets strict filing deadlines. Under 735 ILCS 5/13-212, you usually have two years from when you knew, or should have known, that the care you received caused you harm. There is also a four-year outer limit from the date of the mistake, even if you learned about it later.
When malpractice leads to a death, the Illinois Wrongful Death Act gives you two years from the date of death to file your claim. If you have concerns about the timeline in your case and your ability to recover damages, speak to a knowledgeable attorney right away.
Illinois lets you recover both financial losses and the human impact of an injury. The financial side can include your past and future medical bills, rehab, prescriptions, and medical equipment. If you missed work, you can claim lost wages. If your injury limits your career, you can seek the loss of future earning power. You can also be repaid for help you now need at home, like childcare, cleaning, or transportation.
Non-economic damages cover pain, loss of normal life, scarring, disability, and emotional distress. Your spouse may have a claim for loss of consortium if the injury changed your relationship.
Unlike many states, Illinois has no cap on medical malpractice damages because the state Supreme Court struck down prior limits in 2010. This means that juries can award the full proven value of both economic and non-economic losses, and in medical malpractice cases, this can mean a large settlement. Our firm has secured results worth millions for patients wronged by their medical providers.
If you or a family member suffered an injury because of a medical provider’s negligence, our team is ready to help. At Kinnally Flaherty Krentz Loran Hodge & Masur P.C., our Aurora, IL medical malpractice lawyers move fast to build a strong case for compensation. We aim to resolve cases efficiently when possible, but we are prepared to go to trial when needed.
Many of our lawyers have been recognized by their peers as Leading Lawyers or Super Lawyers, an honor typically reserved for about the top five percent of attorneys in Illinois. Contact us today at 630-907-0909 for a free consultation and a straightforward, personalized case review.