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How Much can I get for my Personal Injury Claim?
You can receive as much damages as the incident caused you in an Illinois personal injury claim including (1) medical bills; (2) lost wages; (3) pain and suffering; and (4) disability and disfigurement.
Damages in Illinois Personal Injury Claims
The law attempts to compensate victims for the total cost of accidents including any past, present, or future injuries that they create(d). While the nature of your harms can be unique and extraordinary in an Illinois accident, typically, most plaintiffs recover compensation for economic damages, non-economic damages, punitive damages, or wrongful death damages. If you speak with a qualified lawyer, you can gain a better sense of what your Illinois personal injury claim may be worth.
What am I Allowed to Recover for in Illinois Personal Injury Cases?
Simply put, you can seek recovery for all the damages that an incident caused you in Illinois. This includes bills, bodily pain and suffering, lost wages, and property loss. It even extends to future losses that an accident creates like long-term medical costs for rehabilitation and pain alleviation. Additionally, it doesn't even matter how you received your personal injuries as long as the defendants caused them. For example, their conduct could have been negligent, intentional, or against Illinois statute. Mental culpability only affects how you seek recovery; it doesn't limit your general right to do so in most instances.
Categories of Damages in Illinois Personal Injury Cases
The law organizes the compensation that you can seek in court into a few categories. It labels economic damages as those out-of-pocket expenses for which you are seeking reimbursement due to the incident. It refers to non-economic damages as those damages you are seeking for the intangible injuries you suffered. It calls punitive damages those monies you receive when the defendant's conduct is excessively unreasonable and wanton. Finally, it categorizes wrongful death damages for all the recovery a decedent's spouse and next of kin receive in return for the loss of a loved one.
What am I not Allowed to Recover for in Illinois Personal Injury Cases?
In Illinois personal injury cases, there are certain situations when you cannot receive compensation. For example, plaintiffs are barred from punitive damages in medical malpractice actions. You will also find no refuge with this type of recovery in products liability suits in Illinois. In wrongful death actions, plaintiffs cannot bring an action for damages if they are not the next of kin or surviving spouse. Finally, in any negligence action, you are barred completely from recovery if your portion of responsibility for the event was more than 50%. There are other situations where you might find difficulty pursuing compensations in Illinois personal injury cases, but there are the most salient obstacles. To understand when you can and cannot recover, speak to a qualified lawyer.
How can I Calculate What I'll get From a Personal Injury Claim?
Because juries have wide discretion in setting awards for personal injury plaintiffs in Illinois, calculating exactly how much you will receive is difficult. However, there are some steps you can take to narrow the focus down to what is possible. First, tally all of you out-of-pocket expenses. This should provide a baseline or a floor for what you will get. On top of that, you should receive compensation for your more intangible and long-term injuries like scarring and disability. Often, we see sums returned for this category as much as twice as much as the tangible costs and harms. Therefore, when calculating what you'll get from your personal injury claim, it might not be surprising for you to receive an award two or three times greater than your actual expenses.
Still Concerned About Your Illinois Recovery?
Rosenfeld Injury Lawyers LLC has worked with many victims of personal injuries across the Midwest. We know that your primary focus will be recovery if you are injured. Bills are mounting, wages are disappearing, and all the while you are at home recovering. That is why we have a fully-equipped staff ready at all times to pursue claims for people just like you. Also, we won't charge you for anything until we return an award or settlement that you approve. Contact our offices and hear more about how we can help and what your recovery could look like. Rosenfeld Injury Lawyers LLC is open all day, every day.