Kane County Personal Injury Awards, Settlements & Case Values

KANE COUNTY, ILLINOIS PERSONAL INJURY LITIGATION

Though tucked away in a sleepy corner of the Chicago suburbs, Kane County still entertains a fair amount of personal injury litigation including suits over medical malpractice, vehicle accidents, nursing home negligence, and products liability. If you are either an Illinois personal injury lawyer or Illinois personal injury victim, you will probably want to know how the procedures and outcome of Kane County personal injury and medical malpractice litigation compare to the rest of the state. 

We assembled the following sections with that focus in mind. Naturally, you still might have questions remaining at the end. If you give us a call, someone from Rosenfeld Injury Lawyers would be happy to discuss any issues relating to your case. Our lawyers have handled all kinds of Kane County personal injury lawsuits and can help you today!

KANE COUNTY COURT PROCEDURES

At the kickoff of certain cases in Kane County, Illinois, the Court will automatically assign a case management conference. This will take place within 90 days of the case’s filing and mainly involves litigation over $10,000. Cases normally excluded from this conference include family, probate, small claims, tax, ordinance, and other matters. Failure to attend or abide by the case management conference can result in a dismissal of your case. 

In addition to case management conferences, Kane County requires arbitration for disputes with claims between $10,000 and $50,000. However, arbitration can also be sought by either party for claims with other amounts with the Court’s permission. Regarding motions, unless they are an emergency motion, they must be scheduled on the Court’s calendar with the clerk of the Kane County Court. If the motion is not heard and argued by the party moving for it within 60 days of its filing, it can be stricken from the record by the opposing party. 

With respect to discovery, Kane County follows all applicable Illinois Supreme Court rules. All discovery must be finished 60 days prior to the start of trial unless Court approves otherwise. Finally, for all settlement conferences, plaintiffs’ attorneys must prepare a memorandum of the proceedings and deliver a copy to the judge and every attorney of record. For more information on the local rules of the Kane County Court as well as to see the Court’s calendar, visit its website: www.illinois16thjudicialcircuit.org/.

KANE COUNTY COURT CONTACT INFORMATION

Main Courthouse:
540 South Randall Road
St. Charles, Illinois 60174
630-232-3413

Civil Cases:
100 S 3rd St
Geneva, IL 60134
630-232-3470

Sheriff’s Office:
37W755 IL-38
St. Charles, IL 60175
630-232-6840

KANE COUNTY STATISTICS REGARDING RECOVERIES IN PERSONAL INJURY & MEDICAL NEGLIGENCE CASES

Rosenfeld Injury Lawyers have represented clients in numerous fields of personal injury litigation. The most important question and often the first question that they have is “How much is my case worth?” Generally, there are a few key factors that go into that answer: medical bills, lost wages, disability, and long-term suffering. However, this simple calculation often turns into a very complicated process once you get into the facts and figures of your case. 

Therefore, it can be helpful to look at past awards as a basis for estimating what you could receive-not an answer but a starting point. We have grouped some statistics below (jury awards and settlement amounts combined) by accident type. For a more definitive analysis of what compensation could be available, give us a call. Someone from Rosenfeld Injury Lawyers is available 24/7 to help you!

KANE 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
35%
8%
3%
5%
13%
15%
11%
5%
5%

KANE 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
35%
8%
3%
5%
13%
15%
11%
5%
5%

KANE 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
0%
20%
0%
20%
20%
0%
40%
0%
0%

KANE 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
8%
33%
8%
8%
27%
8%
8%
0%
0%

KANE 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
10%
35%
5%
20%
0%
10%
15%
0%
5%

KANE 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
1%
45%
30%
10%
10%
1%
1%
1%
1%

KANE 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%
8%
15%
15%
31%
31%
0%
0%
0%

KANE 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
0%
30%
0%
20%
40%
0%
0%
10%
0%

KANE COUNTY PROFILE

Here, we want provide you with a set of facts that should guide your analysis of Kane County litigation. This will start the process of answering what your case could be worth but it certainly should not supplant a full calculation with your lawyer.

MEDICAL MALPRACTICE
  • Median recovery for medical malpractice victims in Kane County was a little over $200,000.
  • Compared to the state average, these victims recovered approximately six-times more than their statewide counterparts.
  • Kane County had 4% of all Illinois medical malpractice cases
  • Within these Kane County medical malpractice cases, approximately 55% settled.
  • Compared to the state average for settlement, these cases settled at a rate 8% more.

View Case Summaries

CAR ACCIDENTS
  • Median recovery for car accident victims in Kane County hovered around $45,000.
  • Compared to the state average, these victims recovered approximately 20% more.
  • Kane County had 3% of all Illinois car accident cases
  • Within these Kane County car accident cases, approximately 58% settled.
  • Compared to the state average for settlement, these cases settled at a rate 10% more.

View Case Summaries

TRUCK ACCIDENTS
  • Median recovery for truck accident victims in Kane County was a little north of $200,000.
  • Compared to the state average, these victims recovered approximately three times more than their statewide counterparts.
  • Kane County had 2% of all Illinois truck accident cases
  • Within these Kane County truck accident cases, approximately 60% settled.
  • Compared to the state average for settlement, these cases settled at a rate 22% more.

View Case Summaries

BIKE ACCIDENTS
  • Median recovery for bike accident victims in Kane County was around $100,000.
  • Compared to the state average, these victims recovered approximately three times more than their statewide counterparts.
  • Kane County had roughly 1% of all Illinois bike accident cases
  • Within these Kane County bike accident cases, approximately 33% settled.
  • Compared to the state average for settlement, these cases settled at a rate 5% more/

View Case Summaries

MOTORCYCLE ACCIDENTS
  • Median recovery for motorcycle accident victims in Kane County was approximately $100,000
  • Compared to the state average, these victims recovered approximately two and one half times more than their statewide counterparts..
  • Kane County had 4% of all Illinois motorcycle accident cases
  • Within these Kane County motorcycle accident cases, approximately 70% settled.
  • Compared to the state average for settlement, these cases settled at a rate 38% more.

View Case Summaries

DOG ATTACKS
  • Median recovery for dog attack victims in Kane County was approximately $58,000.
  • Compared to the state average, these victims recovered almost twice as much as their statewide counterparts.
  • Kane County had 6% of all Illinois dog attack cases
  • Within these Kane County dog attack cases, approximately 85% settled.
  • Compared to the state average for settlement, these cases settled at a rate 39% more.

View Case Summaries

NURSING HOME
  • Median recovery for nursing home victims in Kane County was about one quarter of a million dollars.
  • Compared to the state average, these victims recovered almost three times what their statewide counterparts did.
  • Kane County had 3% of all Illinois nursing home cases
  • Within these Kane County nursing home cases, approximately 84% settled.
  • Compared to the state average for settlement, these cases settled at a rate 38% more.
PRODUCTS LIABILITY
  • Median recovery for product liability victims in Kane County stood at $200,000.
  • Compared to the state average, these victims recovered approximately $90,00 more than their statewide counterparts did.
  • Kane County had 2% of all Illinois product liability cases
  • Within these Kane County product liability cases, approximately 60% settled.
  • Compared to the state average for settlement, these cases settled at a rate 18% more.

KANE COUNTY CASE SUMMARIES

  • 2014; MEDICAL MALPRACTICE; $390,000 JURY AWARD:

The victim in this case was a 44-year-old woman. She received a permanent tibia malunion after treatment for a pilon fracture on the left ankle by her doctor. The ankle was subsequently locked in a position of about 66 degrees and she could not move it. 

She sued the doctor for malpractice and alleged that he did not order a CT scan, recommend or select proper surgical options, or obtain informed consent. The defendant refused to admit to any of these allegations and denied that he was the cause of her injuries. The jury disagreed with him and awarded her $390,000 for her injuries for the following items:

  • Pain and Suffering:
  • Punitive:
  • Total:
  • $150,000
  • $240,000
  • $390,000

The patient here presented to Rush Copley Medical Center after tripping and falling down the steps of his home. After being reviewed and cared for by the on-call physicians, he was sent home. He died not later after being discharged. Later investigations uncovered that his death resulted from hemothorax stemming from rib fractures and blood loss. He was survived by a wife and child. They filed a wrongful death and survival action on his behalf. 

They claimed that the doctors and hospital were negligent in their care for him. Specifically, they alleged that the physicians should have inspected him for internal bleeding, followed their policies and procedures for this type of situation, ordered various medical tests, and otherwise provided the proper standard of care. They defendants disagreed and refused to settle. They thought they met the appropriate level of care. The jury sided with the plaintiffs and awarded them $600,000.

  • 2013; MEDICAL MALPRACTICE; $1,500,000 SETTLEMENT:

This medical malpractice action involved a birth injury. The mother went into labor and the doctors decided to do a vaginal delivery instead of a cesarean section. However, the baby was having a hard time descending so they chose to use traction and as a result shoulder dystocia occurred. The child sustained a brachial plexus injury and spinal damage along the C4-C8 regions of his spine.

On his behalf, his parents sued the doctors for medical malpractice and sought damages under the Illinois Family Expenses Act. The mere presence of these injuries was evidence of something unusual and the doctors realized quickly that they had messed up by not performing a C-section and using traction. Thus, they were eager to settle and gave the family $1,500,000 in settlement.

  • 2011; MEDICAL MALPRACTICE; $1,750,000 SETTLEMENT:

This incident involved a child. He was rushed to the emergency room when he fractured his arm. While in the care of the hospital, he was seen and treated by several doctors including an orthopedic surgeon, radiologist, and internist. 

Unfortunately, none of them caught that he had developed an infection in the course of their care or that the surgeries performed did not properly address his injuries. The infection soon spread and significantly worsened his condition. The minor’s parents sued for these developments and argued that their substandard care amounted to medical malpractice. The parties settled for $1,750,000.

  • 2014; CAR ACCIDENT; $1,250,000 SETTLEMENT:

This three-car accident ended in a fatality. A driver lost control of his car when his brakes went out. That caused him to rear-end the vehicle in front of him that was driven by a 61-year-old woman. The force sent the woman’s car was over the median into opposing traffic when a truck slammed right into her. She died not long after this collision. 

Her estate sued both drivers and the employer of the truck driver. The lawsuit stated that both drivers were negligent in the operation of their vehicles and that, specifically, the other car driver should have maintained his brakes better. Also, the employer was brought into the suit on a theory of vicarious liability because the truck driver was working at the time of the accident. 

Not seeing any grounds to contest these allegations, the defendants structured a settlement package: the car driver would pay $250,000 and the truck driver and his employer would together pay $1,000,000. The decedent’s estate accepted this offer.

  • 2013; CAR ACCIDENT; $1,112,500 SETTLEMENT:

The mother of an injured motorist brought an action after her son died in a car accident. He was driving along a busy Kane County road when another driver smashed right into the side of his car. That driver did not have the right of way and actually went right through a red light

Apparently, that person was also driving while intoxicated. The mother sued him for negligent operation of his vehicle and for willfully and wantonly driving while drunk. The mother received a $1,112,5000 settlement for this Illinois wrongful death and survival action.

  • 2004; TRUCK ACCIDENT; $1,800,000 SETTLEMENT:

In this dispute, a truck driver lost all control of his vehicle and skidded across the center lane. Then, it smashed head-on into a woman’s car. The woman sustained a cerebral hemorrhage and lost her baby from complications due to the incident. She sued the driver and the driver’s employer because, as her complaint alleged, he was working at the time of the crash and operating in the course of employment. Rather than trial, both sides resolved the matter through settlement for $1,800,000.

  • 2002; TRUCK ACCIDENT; $300,000 SETTLEMENT:

This case involved an impatient truck driver. The light turned green and he stamped on the gas before the car in front of him had started to accelerate. As a result, he rear-ended the woman’s vehicle. Although, due to the small size of her car, he stated that he could not even see it beneath the hood of his large truck. This did not stop her from suing him. 

She challenged that his actions aggravated a pre-existing disc injury she had from a few years before their collision. Despite the defendant truck driver’s claims of innocence, she was still able to extract $300,000 from him in settlement for her injuries.

  • 2011; BIKE ACCIDENT; $290,000 SETTLEMENT:

The controversy within this case occurred in an affluent and quiet town within Kane County. A child was riding his bicycle around the neighborhood nearby a local golf course when he ran right into the backside of an older woman. The collision threw the woman to the ground and broke her wrist and femur-both required surgery. 

She sued the boy and the boy’s parents for negligence. She claimed that he should slowed down, paid attention, used the bike path, and that his parents should have properly instructed and supervised him. Due to her injuries that he caused, she alleged to have suffered damages related to pain and suffering, disability, and loss of normal life. She received a $290,000 settlement.

  • 2011; BIKE ACCIDENT; $875,000 SETTLEMENT:

A woman in her late sixties attempted to cross the intersection of a busy road with her bike when a truck sideswiped her. She was rushed to the hospital but did not last long and died later that day. The woman was survived by two brothers. They brought a lawsuit against the truck driver. The lawsuit complained that he should have reduced his speed, yielded to her, maintained a better lookout, and in other ways negligently caused her death. 

The suit sought damages for wrongful death, loss of consortium, and for the decedent’s pain and suffering while she was alive. He responded that she was actually the negligently party because she ignored traffic signals and ran right out into traffic. In his opinion, there was nothing that he could do to avoid the crash. However, these two sides of the story never met in court because the judge approved a settlement for $875,000.

  • 2010; MOTORCYCLE ACCIDENT; $500,000 SETTLEMENT:

A motorcyclist approached an intersection and, seeing the coast was clear, continued through when he was sideswiped by another vehicle. He was sent to the emergency room to treat injuries resulting from the accident. He and his wife sued the other driver for negligence and asked for damages related to medical costs, lost wages, and loss of consortium. 

The defendant eagerly responded. He said that he was a police officer and that at the time of the incident he had his sirens on and had the right of way. Therefore, in his opinion, the plaintiff was negligent by failing to yield to him. The factual issue of who was at fault, however, was never tested because they settled prior to trial for $500,000.

  • 2009; MOTORCYCLE ACCIDENT; $100,000 SETTLEMENT:

This incident began in a rather mundane fashion but quickly escalated. A motorcyclist was casually driving through a subdivision. He rode over a hill but just as eclipsed the summit someone else smacked him from the side. The culprit was a car driver pulling out of her driveway. The accident proved fatal to the young motorcycle driver. He was killed almost instantly. His parents and two siblings survived him and they all brought an action against the other motorist. 

Their lawsuit alleged that she was negligent in pulling out of the driveway too fast, failing to yield to him, and failing to check before pulling out. She counterclaimed with similar allegations: he was driving too fast and should have kept a better lookout. The complaint asked for multiple categories of damages including compensatory, pain and suffering, and loss of consortium. Therefore, it is surprising that when they did settle, it was for only $100,000.

  • 2015; DOG ATTACK; $300,000:

The victim here was a middle-aged woman. She was standing on her sidewalk when a dog ran up and jumped her, forcing her to fall over. She allegedly suffered multiple injuries. The woman sued the dog’s owner for negligence because, as she stated, they violated city laws prohibiting dogs from running without leashes and otherwise failed to keep proper control of the animal per the Illinois Animal Control Act. 

The defendants responded that the plaintiff assumed the risk of injury when, seeing the dog was not on leash, invited it and the owners over to her property to help her move certain items. Prior to trial, both sides reached a settlement of $300,000.

  • 2005; DOG ATTACK; $287,000 SETTLEMENT:

This incident began on the Fourth of July. A child was invited over to her friend’s house to play and they did so for a few hours before the host’s dog attacked her. She sustained injuries to her lips, chin, nose, and other parts of her face. Her parents brought a lawsuit against the dog’s owners and the friend’s parents under the Illinois Animal Control Act. The complaint alleged that the owners knew about the dog’s dangerous character, refused to inform the plaintiffs of that dangerous character, and failed to protect the children from their dog. 

As a result, they continued that the owners were responsible for the injuries and damages that result from the attack. In their answer, the defendants agreed that the dog attacked the innocent child but refused to connect the dots and say that they were responsible. This matter last over a year and actually went to trial until both parties decided to settle and end the controversy for $287,000 (of which approximately $13,000 was for medical expenses).

Do You Have a Question Regarding a Kane County Accident Case?

Rosenfeld Injury Lawyers is experienced with out-of-court and litigation in Kane County. We invite you to contact our firm anytime to discuss your case without any cost or obligation on your end. Our team of accident investigators, nurses and attorneys are ready to get to work to help you with your case. Every case is handled on a contingency fee basis where there is only a legal fee charged when there is a financial recovery for you.

If you are looking for information on a specific city in Kane County, please refer to the pages below:

For information on how personal injury cases are valued in other Illinois counties, please refer to the pages below:


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