“Damages” is the legal term for the money you receive in a personal injury claim to make up for the financial and personal harm you’ve suffered due to someone else’s actions. Let’s take a closer look at what damages you can include in your personal injury claim.
How to Calculate Your Damages in an Illinois Personal Injury Claim
Damages in your personal injury claim come in three different forms: economic, non-economic, and punitive. Here’s what each means.
Economic Damages
Economic damages in a personal injury case cover your financial losses directly related to the accident and your resulting injuries. These damages have a definite value and aim to compensate you for your out-of-pocket expenses. Examples of losses that fall under economic damages include your medical bills for hospital stays, surgeries, and rehabilitation. You can also claim compensation for your lost wages if your injury prevents you from working. Economic damages can include money to make up for your reduced future earnings if your injuries impact your ability to work or your career prospects. The cost to repair or replace your damaged personal property also falls under economic damages.
Non-Economic Damages
Non-economic damages compensate you for the more subjective losses from an accident. These losses are harder to quantify but have a real impact on your life all the same. Non-economic damages can include compensation for your pain and suffering, which covers the physical discomfort and emotional distress your injuries have caused you. You can also seek compensation for loss of enjoyment of life if your injury prevents you from enjoying activities you once loved. Other non-economic damages can include loss of consortium, which addresses the impact of the injury on your relationship with your spouse.
Punitive Damages
Punitive damages are less common in personal injury cases because there are specific requirements you must meet to obtain them. Instead of making up for anything specific you’ve suffered, these damages are intended to punish defendants for particularly egregious behavior and deter similar conduct in the future. For instance, if a company knew that it had produced a dangerous product and sold it to you anyway, you could receive punitive damages to punish the company for its particularly harmful behavior and discourage such conduct by other businesses.
Does Illinois Cap Damages in Personal Injury Claims?
Illinois state law does not limit the compensation you could recover in a personal injury claim. State law used to limit non-economic damages in medical malpractice claims, but the Illinois Supreme Court overturned that rule in 2010. There also used to be a law prohibiting punitive damages in wrongful death cases, but Gov. Pritzker signed a bill changing that in August 2023.
How Our Attorneys Can Help You Maximize Your Damages
Working with an experienced and driven personal injury lawyer is crucial to recovering maximum compensation in a personal injury claim. The team at Menges Law Firm can recover an array of evidence to accurately calculate the financial and personal harm you suffered and help you demand every cent you’re owed. We’ll handle all the legal details of your case, from filing the insurance claim to negotiating a fair settlement and representing you in court if needed. You don’t owe us any fees unless you win your case, and your initial consultation is always free.
Don’t wait to speak to a Belleville personal injury lawyer about your case. Contact Menges Law Firm today to speak with our Illinois personal injury attorneys.