Are There Limits on What You Can Sue for in Illinois?

Sometimes, headlines announce multi-million-dollar settlements or verdicts in personal injury cases. However, the overall dollar amount only tells a portion of an accident victim’s tale. Depending on the case, there may be limits to what a person can sue for under Illinois Law.

At Holley, Rosen & Beard, LLC, our Illinois personal injury lawyers can explain how personal injury cases work and what compensation you may be entitled to if you sue someone who injured you in an accident they caused.

What Are the Limits to What You Can Sue for in Illinois?

If you are an accident victim, Illinois law allows you to seek compensation for your injuries and financial losses through an insurance claim or a personal injury lawsuit. Both of these personal injury case tools aim to make an accident victim “whole” again as avenues to secure monetary compensation for their losses. A victim can seek compensation for their economic and non-economic losses.

Economic losses are a person’s measurable financial costs. Calculating the value of these losses is straightforward because of the paper trail they leave, such as medical bills and repair receipts. Economic losses can include:

• Medical expenses
• Lost wages
• Loss of future earning capacity
• Property damage

An accident victim can also seek compensation for their non-economic losses, which are more challenging to calculate because they are subjective and intangible. Examples of non-economic losses for which you could seek compensation include:

• Disability
• Emotional distress
• Pain and suffering
• Loss of enjoyment of life

In Illinois, there are no limits to how much you can recover to account for your economic and non-economic losses in most personal injury cases. In 2010, the Illinois Supreme Court found that a previous cap on medical malpractice compensation was unconstitutional, so the state does not limit awards in medical malpractice cases, either.

A person can recover additional money in specific personal injury cases. In rare cases, a person can also collect punitive damages. This money is not compensation and does not cover a person’s financial losses. It is not meant to make them whole again. Instead, punitive damages are a form of financial punishment directed at the at-fault party for malicious or reckless behavior. While there is no cap for punitive damages, some ground rules exist, such as punitive damages being proportional to the case and not exceeding three times the value of economic damages. Additionally, they are not available in medical malpractice cases.

While there are no hard caps for most damages in Illinois personal injury cases, there are limits to what a person can sue for in Illinois in small claims court. In small claims court, individuals can only sue another person for $10,000 or less.

Let an Experienced Illinois Personal Injury Lawyer Review Your Case

There may be limits to what you can recover following an accident. A personal injury lawsuit helps you recover money for your measurable losses. A skilled personal injury attorney with Holley, Rosen & Beard, LLC, has the knowledge and resources to accurately calculate your losses and pursue maximum compensation on your behalf.

Contact our office now at 1 (217) 544-3368 to arrange a free, no-obligation legal consultation.