What is a good settlement for work injury?

Have been on modified duty for 7months and had surgery on my left elbow. Had ulnar nerve moved along with cleanup in elbow that required 4 cuts in elbow.

Asked on April 20, 2014 under Personal Injury, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The most you could typically recover if you went to trial and won would be the sum of:

1) All out of pocket (not paid by insurance) medical costs, both present and projected future;

2) Lost wages to date, and reduced earning potential for the future;

3) Other direct, out of pocket costs (like if you had to hire an aid or assistant); and

4) For the type of injury you describe, an amount of compensation for "pain and suffering" that, depending on exactly how much pain and how much disability you have, might be equal to another 1 - 3 times your medical costs.

If you settle, you typically receive a lower amount, to reflect the fact that you get the money faster, without the uncertainty and cost (potentially high cost) of trial, and as an incentive to the other side to settle (they won't settle if they have to pay eveything they'd pay if they went to trial and lost). Therefore, a reasonable settlement is usually between 1/3 and 1/2 of what you could potentially win (the sum of items 1 - 4) at trial.


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