WHAT DAMAGES CAN I RECOVER FROM A PERSONAL INJURY LAWSUIT IN ILLINOIS?
According to Illinois law, injured people and their family members may receive compensation from negligent parties. These forms of compensation are called damages, which are a remedy in the form of monetary awards paid to the injured party for loss or injury. Illinois law recognizes two types of compensation: economic and non-economic damages. Economic damages are losses that are easy to calculate. These damages impact your daily life in a quantifiable way.
As trial lawyers, it’s our job to tell our client’s story to a jury and convey how their injury has impacted every aspect of their life. Their story is often told through non-economic damages.
NON-ECONOMIC DAMAGES INCLUDE:
Pain and suffering. Pain and suffering encompass both physical and mental pain that the plaintiff endures every day because of their injury.
Disability. If you were disabled as a result of someone else’s negligence, you have a right to recover compensation for these impairments. Disfigurement. People injured through no fault of their own may be awarded damages for disfigurement if they sustained scarring or lost a limb. Loss of a normal life. Illinois defines loss of a normal life as “the temporary or permanent diminished ability to enjoy life. This includes a person’s inability to pursue the pleasurable aspects of life.” For example, if you were an avid cyclist before your injury and can no longer cycle, that loss is compensable.
COMMON EXAMPLES OF ECONOMIC DAMAGES ARE:
Past and future medical expenses, including costs covered by your health insurance provider. You’re entitled to compensation for any and all treatment you receive as a result of the incident.
Past and future lost wages. You’re also entitled to any income you lost in the past and any future earnings you would have received.
Lost earning capacity is a reduction in a person’s ability to earn an income due to a personal injury.
Out-of-pocket expenses related to the injury, such as home renovations or medical equipment costs, are also included.
If you’d like to learn more about how personal injury lawsuits work in Illinois, request a free copy of my book, “Transportation Law, Rights, & Injuries.” Text “TRANSPORTATION” to 312-847-2428 to get your free copy.
Now, let’s talk about non-economic damages. These are harder to quantify. A jury typically awards these damages to personal injury victims at trial. There are no caps on the non-economic damages a plaintiff can recover in the state of Illinois.
– Joseph Shannon
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