Personal injury cases can be emotionally, physically, and financially devastating, leaving victims struggling to get their lives back on track. One of the most crucial elements of these cases is determining recoverable damages.
If you’ve been injured due to someone else’s negligence, knowing what damages you can recover in Illinois personal injury cases can help you build a stronger case and pursue the maximum compensation possible. Here’s what you need to know.
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The Basics of Recoverable Damages
Recoverable damages in personal injury cases generally fall into two categories: economic and non-economic damages.
Economic Damages
Economic damages are losses that either have a specific dollar amount attached or are calculable. Examples of economic damages in Illinois personal injury cases include:
Medical Expenses: All costs associated with your medical treatment, such as hospital bills, physical therapy visits, and medication expenses, can be recovered as economic damages.
Loss of Income: If your injury causes you to miss work or reduces your earning capacity, you can recover lost wages or future earning potential.
Property Damage: If your personal property was damaged in the accident, such as a totaled car or a damaged phone, you can recover repair or replacement costs.
Non-Economic Damages
Non-economic damages, also known as general damages, are harder to quantify in monetary terms. These typically include intangible losses such as:
Pain and Suffering: Physical pain, emotional distress, and mental anguish related to the injury are considered non-economic damages.
Loss of Consortium: This refers to the loss of companionship or intimacy experienced by the victim’s spouse due to the injuries.
Loss of Enjoyment of Life: If the injury has affected your ability to participate in hobbies, exercise, or other activities that you previously enjoyed, you may be able to recover damages under this category.
Recoverable Damages Under Illinois Law
In Illinois, personal injury victims are entitled to receive reasonable compensation for all losses they suffer due to the injury. There are no statutory caps on compensatory damages, meaning that the court can consider any relevant and admissible evidence to determine the value of each claim.
Medical Expenses
Illinois law allows personal injury victims to recover the full amount of their reasonable and necessary medical expenses related to the injury. This includes not only bills for past medical treatment but also costs associated with future medical care that the victim reasonably expects to need.
Lost Income and Earning Capacity
If the accident caused you to miss work or suffer a permanent disability that reduces your ability to earn money in the future, you may be able to recover damages for lost income and earning capacity.
These damages can include not only the wages and benefits you have already lost but also your future earning potential. To recover future lost income, you must provide convincing evidence that shows the likely rate and amount of income you would have earned but for the injury.
Pain and Suffering
Illinois law recognizes the right of personal injury victims to seek damages for their physical and emotional pain and suffering. However, proving the value of these damages can be challenging since pain and suffering are subjective and difficult to quantify.
To determine the amount of damages for pain and suffering, the court may consider factors such as the severity of the injury, the duration of the pain, and the emotional distress caused by the accident.
Loss of Consortium and Enjoyment of Life
If the injury has affected your ability to maintain a normal relationship with your spouse or participate in activities that you enjoyed before the accident, you may be able to recover damages for loss of consortium or enjoyment of life. These damages are typically awarded in addition to economic damages and pain and suffering.
Conclusion
Personal injury cases can be overwhelming to navigate, especially when you’re dealing with physical pain, emotional distress, and financial worry. Knowing what damages you can recover in Illinois personal injury cases is essential to building a strong case and pursuing the full compensation you deserve.
An experienced personal injury attorney can help you identify what damages you’re entitled to under the law and provide the legal guidance and representation you need to achieve a favorable outcome.