Personal injury settlement claim amount using factor method inclusive of all expenses?

As you may know by now, you are likely shortchanging yourself in a few ways by going this route, but, let's assume 3x is your goal (very arguable whether that's a good goal, but who knows what your case is, and this is what you have targeted, so I'll play along, because no one seems to have gotten to the point of your question yet). An insurer's "3x" method of estimating value (which tends to lowball good cases) was usually three times "specials," which are all of your special damages: typically, medical bills (full retail price, not the discounted amount your insurer may have paid the providers pursuant to your insurance contract--Illinois caselaw supports plaintiffs here), plus lost income, plus allowable out-of-pocket expense, plus property damage, plus other potential items of special damages depending on your case. That does not include pain and suffering, disability/loss of normal life, disfigurement, loss of consortium, and other "non-economic" elements of damages that may or may not apply, and it certainly does not factor in any of the many, many intangibles that make a case more or less valuable. But, in your scenario, whatever sum you come up with as "3 x specials" would be your projected settlement amount paid by the tortfeasor or his/her/their insurer. From that sum, you will have to subtract the amounts you will have to pay out to satisfy liens (or in subrogation, as you mention--has the insurer taken any action to enforce their subrogation rights yet? I hope you haven't signed anything or given a statement). Without counsel, even if you settle, you probably would not even see your check until after lienholders get theirs--typically, lienholders include your health insurer and health care providers, but often workers comp, Medicare, or possibly even others may have lien rights against your settlement). In Illinois, there are statutory and common law limitations on the recoverable amount of those liens which may apply, but until you hire an attorney, one can only guess what your situation will be and how much of your "3x" will be swallowed up in payouts. One of the things a good PI attorney can do (in addition to getting a higher gross settlement in the first place) is negotiate the liens and/or adjudicate them in court, so that you don't pay out more from a settlement or judgment than is required. So, to answer your question simply and directly: 3x specials would probably mean the total of meds and other specials added together as a total gross settlement, from which you would have to subtract lien payouts--BUT: it's probably not the best "formula" to settle your (or any) case and, under no circumstances, should any layperson try to go the DIY route in this area of law, certainly not without getting specific legal advice as to the facts and law concerning your case. In case you haven't guessed, this forum and my reply are NOT sufficient to constitute such advice. Do yourself a favor and call an experienced PI lawyer quickly so he/she can analyze the facts of your case--the clock is always ticking for you to enforce your rights or risk losing them. Hope this is helpful. Chris Kennedy Kennedy Pierson & Strachan, LLP Lake Forest and Chicago, Illinois www.kennedypierson.com P.S. The foregoing is not to be construed as legal advice and is not to be relied upon as such by anyone, nor does this reply establish an attorney-client relationship between Kennedy Pierson & Strachan, LLP, and any person or entity. Until we have agreed in writing to take professional responsibility for your matter, we are not bound to represent you or protect your interests in any way.