What Type of Damages can I Recover From a Drink Driving Case Under Illinois Law?
In Illinois drunk driving cases, you can receive all sorts of damages including:
- Economic damages for out-of-pocket and other expenses.
- Non-economic damages for intangible harms to your lifestyle.
- Punitive damages for especially reckless behavior.
Lawsuits For Illinois Drunk Driving Accidents
In order to determine what type of damages you can recover from a drunk driving case, it is important to distinguish between negligence actions and wrongful death actions. Negligence actions allege that the defendant acted unreasonably for the circumstances and that conduct caused the plaintiff's damages. Wrongful death actions allege that the defendant caused the death of someone and that death caused the plaintiff certain damages. There might be other kinds of cases that emerge from your drunk driving incident-like a Dram Shop suit-but they tend to involve injuries and recovery types similar to those found in negligence and wrongful death cases.
Recovery In Negligence Actions For Drunk Driving Incidents
In negligence actions, you can typically recover compensatory damages, punitive damages, and other non-economic damages. Compensatory damages are meant to replace your out-of-pocket losses that the incident directly cost you including primarily medical bills, property damage, and lost wages. Punitive damages are meant to punish the drunk driver and reward you for the particularly wanton nature of this offense. Non-economic damages are meant to reimburse you for the intangible losses that the drunk driver caused you or continues to cause including pain and suffering, reduced quality of life, disability, disfigurement, and others.
Recovery In Wrongful Death Actions For Drunk Driving Incidents
In wrongful death actions , loved ones and next of kin can typically recover compensatory and punitive damages as any plaintiff in a negligence action could. However, they can also recover for things that arise out of the decedent's lost presence going forward. Examples of this include lost wages the decedent might have earned for the plaintiffs, lost support the decedent might have given to the plaintiffs, lost companionship the decedent might have had with the plaintiffs, and others. Who can collect on these wrongful death actions? Typically that class of people includes spouses, children, and parents but there might be others that qualify.
Estimating Your Compensation Amount In Drunk Driving Cases
Drunk driving cases frequently see high levels of recovery for plaintiffs. Furthermore, Illinois ranks above average in terms of what victims and their families recover through litigation. But how can you predict what you will receive if you file suit? First, tally all the expenses that event caused in your life especially medical bills. Second, note how the incident intangibly affected you. Third, check if others in your family including your spouse were negatively impacted due the drunk driving collision. Fourth, multiply your expenses by two or three if you had intangible injuries and this will be your estimate. If you did not have intangible injuries, then the sum of your expenses will be your estimate. Finally, speak with a qualified personal injury attorney in Illinois so that they can provide you with a better forecast. These estimates are just a starting point. You will not have a precise prediction until you meet with a lawyer and explain the circumstances of your accident to him or her.
Still Wondering What Your Drunk Driving Injuries Are Worth?
Rosenfeld Injury Lawyers LLC works with drunk driving victims so that they know what recovery options exist and how to obtain them. Contact us, we can even help you in court on contingency which means that you won't have to pay for any services or expenses until you're happy with the outcome. So call our offices today and begin your road to recovery with the Rosenfeld Injury Lawyers LLC.
For additional information see the following pages:
- Do I Have a Civil Claim For Damages Against The Intoxicated Motorist Who Injured Me?
- How Are Drink Drivers Punished In Illinois?
- How Can Rosenfeld Injury Lawyers Help Me If I Have Been Injured In a Drunk Driving Accident?
- How Long Do I Have To File a Drink Driving Lawsuit?
- What Are The Facts About Drunk Driving Accidents?
- What Are The Laws Surrounding Drunk Driving In Illinois?
- What Have Other People Injured In Illinois Drunk Driving Accidents Received?
- Where Are Most Illinois Drunk Driving Lawsuits Filed?
- Who Is Responsible For Drunk Driving Accidents?