How Are Damages Calculated in an Illinois Personal Injury Case?

A severe accident can impact all aspects of your life, from your physical health and ability to work to your mental health and financial future. A personal injury claim provides a chance to recover compensation for these losses. This compensation is also called “damages.” In Illinois personal injury cases, damages are divided into three main categories: economic, non-economic, and punitive. Here’s how they’re calculated.

Economic Damages

Economic damages provide compensation for the financial losses you face because of your injury. These are relatively easy to calculate because the costs and expenses are well documented. This compensation may cover:

• Medical Expenses – This covers hospital bills, doctor visits, surgery costs, physical therapy, and any other necessary medical treatments related to your injury.
• Lost Wages – If your injury caused you to miss work, you can claim compensation for your lost income during your recovery period. You can also recover compensation for lost future earnings if your injuries prevent you from working in the same capacity (or at all).
• Property Damage – If the accident caused damage to your personal property, like your car, you can get compensation for repair or replacement costs.
• Other Out-of-Pocket Expenses – This can include costs like transportation to medical appointments or hiring household help for chores you can’t do while recovering from your injuries.

Non-Economic Damages

Non-economic damages cover the intangible losses you suffer due to your injury. These are harder to quantify, although the losses have a similarly significant impact on your life. They include:

• Pain and Suffering – You can seek compensation for the physical pain and discomfort you experience because of your injury.
• Emotional Distress – A severe injury can cause significant mental health effects, such as anxiety, depression, or post-traumatic stress disorder (PTSD). You can pursue compensation for these effects in a personal injury claim.
• Loss of Enjoyment of Life – If your injury prevents you from enjoying activities you once loved, you can seek compensation for this loss.
• Loss of Consortium – This is compensation for the negative effects your injury has on your relationship with your spouse or family.

Punitive Damages

 Punitive damages differ from economic and non-economic damages in that they aren’t meant to compensate you for losses. Instead, this additional compensation is meant to penalize the wrongdoer for particularly reckless acts or intentionally hurting someone. In Illinois, you can only receive punitive damages if you take your case to trial and win. You must also prove that the person who caused your injury acted with extreme negligence or intentionally harmed you.

Does Illinois Limit Compensation in Personal Injury Cases?

Unlike many states, Illinois does not place limits on your potential compensation in personal injury cases. Illinois used to limit non-economic damages in medical malpractice cases, but the Illinois Supreme Court overturned that law in 2010. Similarly, Illinois law used to prevent people from seeking punitive damages in wrongful death cases, but Gov. J.B. Pritzker signed a law overturning that rule in August 2023.

The key to maximizing your compensation in a personal injury case is to work with an experienced and capable attorney. The team at Holley, Rosen & Beard, LLC, will use your medical records and other evidence to fully document your losses, thereby increasing your claim’s potential worth. In cases of extreme recklessness or intentional harm, our attorneys can also make the case for punitive damages. Call us today or complete our contact form for a free consultation.