DuPage County Personal Injury Awards & Settlements

Neighboring a far more well-known and active county, DuPage County does not suffer from any want of litigation especially in the area of personal injury. Motor vehicle accidents, medical malpractice, and product malfunctions turn in lawsuits quite regularly in this area of Illinois as well. 

As an Illinois personal injury lawyer it is important that you understand its litigation history and institutional procedures should you have a client approach you from that neck of the woods. Thus, we put together the following information on personal injury and medical malpractice settlements and verdicts, to understand what others have received after similar experiences. Obviously, this might not address all of your concerns so contact us to see how we can help you in your case!

Dupage County Court Procedures

DuPage County Courts maintain a set of local rules similar to other jurisdictions in Illinois. With respect to arbitration, Illinois Supreme Court rules govern and require civil actions with claims exceeding $10,000 but under a statutory limit to proceed directly to arbitration proceedings. By court order, other cases might be placed in arbitration as well if they remain under this statutory limit. DuPage County civil cases are assigned a status date about ninety (90) days following the date of filing. 

Additionally, they are given a case management conference date one hundred seventy (170) days after the filing date. Plaintiffs’ lawyers must file all dispositive motions within sixty-three (63) days before the trial is set to begin unless the Court gives permission. Permission is normally given if circumstances change during trial and a motion is needed to address them or generally for good cause. DuPage County discovery processes and procedures follow Supreme Court rules. Plaintiffs and defendants must make a Rule 222 Disclosure statement, with the latter’s being due no later than 28 days from the first date of trial (the appearance date). 

If parties wish to hold a settlement conference, the plaintiff’s attorney must prepare a memorandum discussing the contents of the meeting and give a copy to the judge and all attorneys of record no less than seven (7) days prior to when the conference is supposed to be held. For sample forms of this memorandum, and for all other information related to DuPage County Court local rules, you can visit its website: https://www.dupageco.org/courtclerk/.

Will County Court Contact Information

Courthouse:
DuPage County Circuit Court
505 N County Farm Rd
Wheaton, IL 60187
630-407-8700

Sheriff’s Office:
501 N County Farm Rd
Wheaton, IL 60187
630-407-2000

DUPAGE COUNTY STATISTICS ON PERSONAL INJURY & ACCIDENT CASES

Rosenfeld Injury Lawyers has fought for victims in all kinds of personal injury cases. They always ask us the same question: “How much is my case worth?” This is an important request because accidents can be very costly and traumatic. However, that does not make the question easy. Normally, there are some common things that go into answering it: property damage, lost compensation, medical care and treatment, disfigurement, disability, pain, and suffering, just to name a few. 

Yet, it still is hard to translate these elements into what you can receive personally through litigation. Therefore, we can look to past awards as a signpost of what is possible but not necessarily determinative. Take a look at the statistics and cases below (jury awards and settlement amounts combined) by accident type. For a more concrete understanding of what compensation you can achieve, give us a call. Someone from Rosenfeld Injury Lawyers is available 24/7 to help you!

DUPAGE COUNTY MEDICAL MALPRACTICE AWARD RANGE
AWARD RANGE
$0
$1-$49,999
$50,000-$99,999
$100,000-$199,999
$200,000-$499,999
$500,000-$999,999
$1,000,000-$1,999,999
$2,000,000-5,000,000
>$5,000,000
% OF PLAINTIFFS
60%
18%
0%
2%
2%
4%
6%
2%
6%

DUPAGE COUNTY CAR ACCIDENT AWARD RANGE
AWARD RANGE
$0
$1-$49,999
$50,000-$99,999
$100,000-$199,999
$200,000-$499,999
$500,000-$999,999
$1,000,000-$1,999,999
$2,000,000-5,000,000
>$5,000,000
% OF PLAINTIFFS
19%
72%
0%
0%
3%
3%
3%
0%
0%

DUPAGE COUNTY TRUCK ACCIDENT AWARD RANGE
AWARD RANGE
$0
$1-$49,999
$50,000-$99,999
$100,000-$199,999
$200,000-$499,999
$500,000-$999,999
$1,000,000-$1,999,999
$2,000,000-5,000,000
>$5,000,000
% OF PLAINTIFFS
43%
%
43%
0%
0%
0%
14%
0%
0%

DUPAGE COUNTY BIKE ACCIDENT AWARD RANGE
AWARD RANGE
$0
$1-$49,999
$50,000-$99,999
$100,000-$199,999
$200,000-$499,999
$500,000-$999,999
$1,000,000-$1,999,999
$2,000,000-5,000,000
>$5,000,000
% OF PLAINTIFFS
13%
75%
%
6%
0%
0%
6%
0%
0%

DUPAGE COUNTY MOTORCYCLE ACCIDENT AWARD RANGE
AWARD RANGE
$0
$1-$49,999
$50,000-$99,999
$100,000-$199,999
$200,000-$499,999
$500,000-$999,999
$1,000,000-$1,999,999
$2,000,000-5,000,000
>$5,000,000
% OF PLAINTIFFS
18%
65%
6%
0%
0%
0%
11%
0%
0%

DUPAGE COUNTY DOG ATTACK AWARD RANGE
AWARD RANGE
$0
$1-$49,999
$50,000-$99,999
$100,000-$199,999
$200,000-$499,999
$500,000-$999,999
$1,000,000-$1,999,999
$2,000,000-5,000,000
>$5,000,000
% OF PLAINTIFFS
30%
40%
20%
10%
0%
0%
0%
0%
0%

DUPAGE COUNTY NURSING HOME NEGLIGENCE AWARD RANGE
AWARD RANGE
$0
$1-$49,999
$50,000-$99,999
$100,000-$199,999
$200,000-$499,999
$500,000-$999,999
$1,000,000-$1,999,999
$2,000,000-5,000,000
>$5,000,000
% OF PLAINTIFFS
0%
0%
0%
53%
0%
47%
0%
0%
0%

DUPAGE COUNTY PRODUCTS LIABILITY AWARD RANGE
AWARD RANGE
$0
$1-$49,999
$50,000-$99,999
$100,000-$199,999
$200,000-$499,999
$500,000-$999,999
$1,000,000-$1,999,999
$2,000,000-5,000,000
>$5,000,000
% OF PLAINTIFFS
57%
14%
0%
0%
14%
0%
0%
0%
15%

Dupage County Profile

The following sections will outline important trends in DuPage County litigation. It includes information relevant to: medical malpractice, car accidents, truck accidents, bike accidents, motorcycle accidents, nursing home accidents, dog attacks, and products liability cases.

MEDICAL MALPRACTICE
  • Average recovery for medical malpractice victims in DuPage County was around $25,000.
  • Compared to the state average, these victims recovered approximately $10,000 less than their state counterparts.
  • DuPage County had 6% of all Illinois medical malpractice cases
  • Within these DuPage County medical malpractice cases, approximately 21% settled.
  • Compared to the state average for settlement, these cases settled at a rate 26% less.

View Case Summaries

CAR ACCIDENTS
  • Average recovery for car accident victims in DuPage County was approximately $22,000.
  • Compared to the state average, these victims recovered approximately $14,000 less than their state counterparts.
  • DuPage County had 4% of all Illinois car accident cases
  • Within these DuPage County car accident cases, approximately 10% settled.
  • Compared to the state average for settlement, these cases settled at a rate 38% less.

View Case Summaries

TRUCK ACCIDENTS
  • Average recovery for truck accident victims in DuPage County was roughly $20,000
  • Compared to the state average, these victims recovered almost four times less than their state counterparts.
  • DuPage County had 2% of all Illinois truck accident cases
  • Within these DuPage County truck accident cases, approximately 29% settled.
  • Compared to the state average for settlement, these cases settled at a rate 9% less.

View Case Summaries

BIKE ACCIDENTS
  • Median recovery for bike accident victims in DuPage County was approximately $30,000
  • Compared to the state average, these victims recovered approximately 3% less.
  • DuPage County had 2% of all Illinois bike accident cases
  • Within these DuPage County bike accident cases, approximately 33% settled.
  • Compared to the state average for settlement, these cases settled at a rate 3% more.

View Case Summaries

MOTORCYCLE ACCIDENTS
  • Median recovery for motorcycle accident victims in DuPage County was a little more than $25,000.
  • Compared to the state average, these victims recovered approximately 60% less.
  • DuPage County had 3% of all Illinois motorcycle accident cases
  • Within these DuPage County motorcycle accident cases, approximately 53% settled.
  • Compared to the state average for settlement, these cases settled at a rate 21% more.

View Case Summaries

DOG ATTACKS
  • Median recovery for dog attack victims in DuPage County was a little less than $20,000.
  • Compared to the state average, these victims recovered approximately 65% less.
  • DuPage County had 3% of all Illinois dog attack cases
  • Within these DuPage County dog attack cases, approximately 10% settled.
  • Compared to the state average for settlement, these cases settled at a rate 36% less.

View Case Summaries

NURSING HOME
  • Median recovery for nursing home victims in DuPage County was approximately $33,000.
  • Compared to the state average, these victims recovered almost two and one half times less than their statewide counterparts.
  • DuPage County had 2% of all Illinois nursing home cases
  • Within these DuPage County nursing home cases, approximately 50% settled.
  • Compared to the state average for settlement, these cases settled at a rate 4% more.

View Case Summaries

PRODUCTS LIABILITY
  • Median recovery for product liability victims in DuPage County fell to almost $20,000.
  • Compared to the state average, these victims recovered nearly five times less than their statewide counterparts.
  • DuPage County had 3% of all Illinois product liability cases
  • Within these DuPage County product liability cases, approximately 43% settled.
  • Compared to the state average for settlement, these cases settled at a rate 1% more.

Dupage County Case Summaries

  • 2013; MEDICAL MALPRACTICE; $3,250,000 SETTLEMENT:

In December of 2006, a woman went to Alexian Brothers after she had been suffering for significant headaches for quite some time. She had actually been treated by these doctors previously for migraines. After a simple review, doctors gave her some medication and told her to go home. Not long after this, she was back in the hospital because her symptoms were worse but, again, they just gave her medication and instructed her to go home. 

Eventually, after another visits, doctors determined that she had an aneurism. She died from complications related to it just a few days after that determination. Her estate sued the treating physicians for malpractice. It alleged that their failure to diagnose the real issue destroyed any chance of survival that the decedent had. The defendants disagreed and argued that they complied with the proper standard of care. The matter was settled out of court for $3,250,000.

  • 2008; MEDICAL MALPRACTICE; $1,000,000 SETTLEMENT:

The victim in this incident was just seven days old. Doctors attempted to insert a percutaneous central venous catheter into the child for intravenous therapy. Unfortunately, the catheter pierced through the right brachiocephalic vein and caused pleural effusion. As a result, the baby died the very next day. A lawsuit was filed in DuPage County charging the treating physicians with malpractice. 

The complaint contained allegations stating that the defendants should have monitored for and guarded against this complication. The defendants offered that they stayed within the proper bounds of care but that this result was beyond their control. Yet, rather than prove this contention at trial, the doctors decided to offer a settlement of $1,000,000 and the plaintiffs agreed to accept it.

  • 2006; CAR ACCIDENT; $975,000 JURY AWARD:

A man’s car was hit on his broadside as he was travelling north along a busy road in DuPage County by another vehicle travelling east. The man was sent tumbling out of his car and eventually died from the injuries he sustained in the accident. He was survived only by his wife. His representatives brought a wrongful death lawsuit against the other driver. 

They argued that he was negligent by driving too fast, refusing to yield, failing to stay alert, and causing the crash. The defendant driver turned around and charged the decedent with negligence and charged him with responsibility for the collision. Both sides could not find any common ground so the matter went to trial over the factual issue of who was at fault. The jury decided that the defendant was liable and awarded the plaintiffs $975,000 in damages.

  • 2003; CAR ACCIDENT; $262,468 JURY AWARD:

The plaintiff in this controversy stopped at a red light in Addison, Illinois. There were several other cars in front of him. Suddenly, the car directly in front of him backed up and slammed into his vehicle. The crash left him with multiple and serious injuries all over his body. 

He sued the other driver that initiated the crash. The defendant, though, stated that a third party was responsible because that person threatened him and caused him to back up. So he agreed to the factual circumstances of the dispute but denied the legal conclusions that the plaintiff reached. However, the jury accepted them and awarded the plaintiff $262,468 for his injuries across the following categories:

  • Medical Costs:
  • Loss of Normal Life:
  • Pain and Suffering:
  • Lost Wages:
  • Total:
  • $136,795.00
  • $50,000.00
  • $50,000.00
  • $25,673.00
  • $262,468

  • 2003; TRUCK ACCIDENT; $135,000:

Here, a 71-year-old man was rear-ended by a truck and sent skidding across a highway in DuPage County. He suffered a head injury and hemiplegia (paralysis) on the right side of his body due to the accident. He sued the truck driver and the truck driver’s employer, because, according to his allegations, the defendant driver was operating within the course of employment at the time of the crash. He charged the truck driver with negligence for driving too fast and not maintaining a proper between their two vehicles. 

Additionally, he charged the employer with negligent entrustment and supervision. While denying and disputing the nature of this controversy, both defendants agreed to give the man $135,000 as a settlement for his injuries.

  • 1995; TRUCK ACCIDENT; $1,000,000 SETTLEMENT:

The person at the center of this controversy was a 46-year-old engineer. She was driving her car along an interstate highway when a tractor-trailer rear-ended her. She died at the scene of the accident. Her estate sued the driver and claimed that he was negligent and under the influence of drugs while driving. 

To his defense, the defendant truck driver replied that she suddenly pulled out onto the road and that, with the combination of construction, denied him the chance to avoid the incident. This back and forth did not go on for very long though because settled prior to trial for $1,000,000.

  • 2011; BIKE ACCIDENT; $9,500 JURY AWARD:

A young man was out riding his bicycle on a warm summer day. He was going up to a store in a strip mall when a car slammed into him as it was trying to exit the same parking lot. The force of the crash threw him from his bike and onto the ground causing serious injuries. Through his parents, the child sued the driver that ran into him for negligence. 

The claim set out that the defendant ignored stop signs and speed limits and that these failures contributed to the plaintiff’s injuries. The defendant refused that he caused the child’s injuries or that they were as severe as they claimed them to be. Therefore, on these two factual issues, the case went to trial where the jury ruled for the plaintiff on both matters. They awarded him $9,500 in the following fashion:

  • Medical Costs:
  • Loss of Normal Life:
  • Pain and Suffering:
  • Total:
  • $6,500
  • $2,000
  • $1,000
  • $9,500

  • 2006; BIKE ACCIDENT; $100,000 SETTLEMENT:

A 61-year-old man was hit and killed as he entered a controlled intersection on his bicycle. A pickup driver failed to see the man or stop before crashing into him. The bicyclist did not make it back to the hospital alive. The estate of the decedent sued the truck driver and the truck driver’s employer for negligence. 

They both replied that the truck driver had the right of way and that the bicyclist should have had on protective gear and lights to signal his passage. Partially because of the lack of clear evidence of fault, this suit settled early and meagerly for $100,000. That amount was for loss of services and in accordance with the policy limits of the insurance carrier.

  • 2009; MOTORCYCLE ACCIDENT; $1,350,000 SETTLEMENT:

A motorcyclist was riding along North Avenue in DuPage County when a driver behind him clipped his bike causing him to spin out. He actually died from the crash and was survived by his wife and two daughters. They sued the person who initiated the collision. Their suit stated that he was negligent in the operation of his vehicle and in the consumption of alcohol at two restaurants not long before the incident occurred. 

They sought damages for medical expenses, pain and suffering, and loss of consortium. Even if the plaintiff could show that the decedent was contributorily negligent to a significant degree, the circumstances of the accident and subsequent death combined with his intoxication made winning at trial seem improbable. Therefore, he convinced the decedent’s estate to settle and they received $1,000,000 for their injuries.

  • 2008; MOTORCYCLE ACCIDENT; $190,000 SETTLEMENT:

This lawsuit started when a car smashed into the broadside of a motorcyclist as it tried to turn left into the latter’s lane. The man driving the motorcycle suffered multiple broken bones in his legs as well as several contusions across his body. He sued the car driver that crashed into him and made out a claim for negligence. The plaintiff argued that the defendant driver should have slowed down and yielded to him. Both sides settled after the filing of the suit but long before it had advanced to trial for $190,000.

  • 2003; DOG ATTACK; $200,000 SETTLEMENT:

A little ten-year-old girl was savagely attacked by a dog when she visited the home of a friend. The dog was owned by the friend’s parents. It jumped up and bit her in the face scarring her lips and leaving her with substantial emotional distress. Through her parents, she sued the dog’s owners for negligence. 

They said that the owners should have warned the child about the dangerous dog and better supervised the home. Also, they stated that the dog was unprovoked and that the child did nothing wrong to trigger the attack. While denying liability and disputing the nature of the child’s injuries, the defendants did seek to settle and the plaintiffs received $200,000 to end the dispute.

  • 1999; DOG ATTACK; $275,000 SETTLEMENT:

A small, two-year-old boy was attacked by two dogs in this matter. The animals mainly attacked his face and the child lost his right ear and sustained numerous facial scars due to the incident. The parents of the boy sued the owners of the dog. Their suit alleged that he was a guest at the defendants’ home and that they should have better safeguarded all guests from their dangerous animal. 

Quick to respond, the defendants countered that the boy’s parents placed him in an area where they knew the dogs were and assumed the risk of the rough play that ensued. Fortunately for the child, both sides decided to settle for his benefit in the amount of $275,000.

  • 2005; NURSING HOME; $75,000 SETTLEMENT:

An elderly resident of a nursing home sued the facility she was staying at because she was sexually assaulted by one of its employees. Her lawyers argued that the home did not provide the proper level of care because they, specifically, should have better protected her, screened employees, and supervised employees. The defendant nursing home denied all responsibility and maintained that this was a willful and wanton act of an employee and that, therefore, they should not be liable for its effects. However, to resolve the matter, they did give the woman a $75,000 settlement.

  • 2005; NURSING HOME; $600,000 SETTLEMENT:

This suit involved a mix-up in medications. A man at a nursing home was taking Coumadin, an anti-coagulation medication. Eventually, his doctors instructed staff to take him off of that drug but at least three weeks later reports indicated that he was still on it. At the same time, he was prescribed and had been taking an antibiotic by the name of Biaxin. 

His relatives maintained that his combination led to his death and sued the physicians as well as the nursing home for negligence to recover for medical, funeral, and other costs. The nursing home rebuffed these claims. It argued that it did not provide medical care and as such could not be found liability medical malpractice. Yet, before this theory could be explored in front of a jury, the nursing home settled with the plaintiffs for $600,000. So its level of involvement and portion of responsibility for these types of claims went unresolved.

Do You Have Questions About a DuPage County Personal Injury or Medical Negligence Case?

Rosenfeld Injury Lawyers is deeply committed to securing the most favorable outcome possible for each of our clients. If you believe that you have a case, we welcome you to contact our office for a free review of your case with an attorney who has experience working on matters similar to yours. As with all of our accident and medical malpractice cases, we work on a contingency fee basis where there is only a legal fee charged when there is a recovery for you or your family.

If you are looking for information on case valuations in other Illinois counties, look at the pages below.

For information on lawyers serving DuPage County, look at the pages below:

Client Reviews
Jonathan Rosenfeld was professionally objective, timely, and knowledgeable. Also, his advice was extremely effective regarding my case. In addition, Jonathan was understanding and patient pertaining to any of my questions or concerns. I was very happy with the end result and I highly recommend Jonathan Rosenfeld.
★★★★★
Extremely impressed with this law firm. They took control of a bad motorcycle crash that left my uncle seriously injured. Without any guarantee of a financial recovery, they went out and hired accident investigators and engineers to help prove how the accident happened. I am grateful that they worked on a contingency fee basis as there was no way we could have paid for these services on our own. Ethan Armstrong, Google User
★★★★★
This lawyer really helped me get compensation for my motorcycle accident case. I know there is no way that I could have gotten anywhere near the amount that Mr. Rosenfeld was able to get to settle my case. Thank you. Daniel Kaim, Avvo User
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Jonathan helped my family heal and get compensation after our child was suffered a life threatening injury at daycare. He was sympathetic and in constant contact with us letting us know all he knew every step of the way. We were so blessed to find Jonathan! Giulia, Avvo User
★★★★★
Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial. Lisa, Avvo User
★★★★★
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