Were you hurt in an accident in Chicago that was caused by another party’s negligence? You have the right to pursue compensation for your damages through a wrongful death claim. This raises an important question: How much compensation can I get in a personal injury case? The answer depends on many case-specific factors, including liability, damages, and your ability to navigate the claims process. It is imperative that you know all of the different types of compensation you can seek through your claim. Here, our Chicago personal injury attorney provides an overview of the specific types of damages that you can seek through a personal injury case in Illinois.
The Categories of Personal Injury Damages in Illinois
In Illinois, personal injury law recognizes three primary categories of damages: economic, non-economic, and punitive. Each serves a distinct legal purpose. Under Illinois law (735 ILCS 5/2-1116), financial compensation in a personal injury must be tied to verified losses, proven harm, or, in rare cases, extreme misconduct. Here is an overview of the different types of damages:
- Economic Damages
Economic damages are the foundation of a personal injury claim in Illinois. These losses are designed to cover the direct financial damages that a victim suffers due to an accident. These damages are measurable and that must be supported by documentation. In Cook County, courts require clear evidence linking each loss to the defendant’s negligence. Here are some of the most common economic damages:
- Medical Bills: You have the right to recover the full value of reasonable and necessary medical expenses. Among other things, this includes hospital stays, surgeries, rehabilitation, and prescriptions. Illinois law allows recovery for both past and current treatment.
- Future Medical Care: You also have the right to seek compensation for your future medical care. Expert medical projections are typically required to quantify these costs. You need full and fair financial compensation for your damages.
- Lost Wages: Lost income includes the earnings a plaintiff missed while recovering. Pay stubs, tax returns, or employer statements can be used to substantiate the claim. Notably, Illinois courts award these damages even if the victim used sick vacation days during recovery. You can get compensation to account for being forced to use your leave.
- Loss of Earning Power: When an injury permanently reduces earning capacity, Illinois state law allows you to seek financial compensation for that future income loss. Determining the value of loss of earning capacity can be difficult. Experts are often brought in. Indeed, economists often calculate these losses by comparing pre-injury and post-injury earning potential.
- Property Damage: If you had property damage related to your accident (such as vehicle repairs or other property loss), you can seek compensation for that as well. Illinois courts generally require you to provide proof of fair market value before and after the accident.
- Non-Economic Damages
Non-economic damages compensate for losses that do not appear on a balance sheet. They reflect the human cost of injury. That includes things like pain, emotional strain, and diminished quality of life. Illinois imposes no statutory cap on non-economic damages in most personal injury cases. There is also no clear statutory formula for determining the value of non-economic damages. Jury are empowered to use their discretion and good judgment to assess fair value. Here is an overview of some of the most common types of non-economic damages:
- Pain and Suffering: You have the right to seek compensation for your pain and suffering. Pain and suffering is a non-economic damage that covers the physical pain endured during and after the injury. Pain and suffering is challenging to value. Jurors are instructed to use “enlightened conscience” in assigning an amount that reasonably compensates the victim.
- Mental Distress: A bad accident can cause anxiety, depression, post-traumatic stress disorder (PTSD), and other types of emotional distress and/or mental anguish. You have the right to recover for that type of loss. Psychological injuries may be compensable even without a physical wound. Though, that can be more challenging.
- Long-Term Disability: An injury that results in partial or total disability carries profound personal consequences. Illinois law permits recovery for the inconvenience and limitations imposed by a permanent condition, even beyond economic loss.
- Loss of Life Enjoyment: Finally, injured victims in Chicago may recover financial compensation for the inability to engage in activities once central to their life. That can include things like sports, hobbies, social interaction, and even parenting.
- Punitive Damages
Punitive damages serve a different function. They are not meant to compensate but to punish and deter wrongful behavior. Under 735 ILCS 5/2-1115.05, punitive damages may be awarded only for conduct showing “evil motive” or “reckless indifference to the rights of others.” They require clear and convincing evidence. They are a limited remedy in Illinois. Punitive damages are only aware of a small share of personal injury claims. A Chicago, IL personal injury lawyer can help you determine if they are available in your case.
Note: Illinois is a modified comparative negligence state (735 I.L.C.S. § 5/2-1116). That could have major implications for your ability to get compensation. You can still recover compensation if you are partially liable for your own accident; as long as your degree of fault does not exceed 50 percent. However, your compensation will be reduced by your percentage of fault. If you are 25 percent at fault for your own accident, your compensation will be reduced by 25 percent as well.
How Our Chicago Personal Injury Lawyers Can Help
Personal injury claims are complicated. Following a bad accident, you may be loaded with questions about what comes next. You do not have to figure out everything on your own. At Kennedy Watkins LLC, our Chicago attorneys are prepared to take your case as far as it needs to go to help you get justice and the maximum available compensation. With millions recovered in verdicts and settlements, we are prepared to help you seek compensation for all of the different types of damages. Your initial consultation with our Chicago personal injury lawyer is free and confidential.
Contact Our Chicago Personal Injury Attorney Today for a Free Case Review
At Kennedy Watkins LLC, our Chicago personal injury lawyer is skilled, experienced, and committed to fighting for justice. If you have any questions or concerns about the compensation that you can recover through a claim, please get in touch with us today for a free, no obligation initial consultation. From our Chicago law office, we fight for justice for injured victims all across Illinois.