What Type of Monetary Damages Does the Law Provide for in Automobile Accident Cases in IL?

What Type Of Monetary Damages Does The Law Provide Any person injured in an auto accident in Illinois may pursue the at-fault party to recover for his or her physical or emotional injuries, as well as property damages. As with other personal injury cases, a plaintiff (injured person) has the burden of proving that the driver's negligence is the cause of his or her injuries.

After proving causation, an injured person may seek monetary damages for ailments and future injuries arising from the accident. While the specific amounts of damages may vary from person to person, damages are usually thought to consist of economic and non-economic damages—both for situations incurred shortly following the incident as well as those expenses that are likely to be incurred in the future.

Examples of economic damages may include anything that is tangibly related to a loss, including charges for:

  • Ambulance
  • Emergency room treatment
  • Appointments with specialized physicians such as: orthopedists, neurologists, radiologists, neurosurgeons
  • Physical therapy
  • Hospital
  • Surgery
  • Lost income
  • Handicapped accommodations to home and vehicles
  • Property damage
  • Attorney's fees
  • Car rental expenses

Though more difficult to ascertain, an injured person may also recover compensation for the intangible losses (non-economic damages) related to an auto accident including:

  • Punitive damages (with economic/compensatory damages)
  • Pain and suffering
  • Disfigurement
  • Emotional distress
  • Loss of normal life
  • Loss of society (in the case of a fatality) (740 ILC5 180/1)

Usually, the specific amounts of each of these elements of damages are only determined in situations when a jury is hearing the case, in which case, the jury determines the amount. Schaffner v. Chicago & North Western Transp. Co., 161 Ill. App. 3d 742, 749 (Ill. App. Ct. 1st Dist. 1987). In most Illinois car accident settlement cases, a global settlement is usually reached. A global settlement agreement includes all types of damages in the settlement amount without naming a specific amount for each portion of damages sought.

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Get Help From Experienced Car Accident Lawyers to Ensure the Value of Your Case is Maximized

Many people injured in Illinois car accident cases believe that they can handle their case on their own. While this may be true in a case where damages are minimal, auto accident cases involving serious injuries generally require the work of a lawyer in order for the value of the case to be maximized. Rosenfeld Injury Lawyers LLC has helped thousands of people recover the financial compensation they are entitled to following a car accident. All of our cases are handled on a contingency fee basis, meaning there is never any out-of-pocket cost to hire our firm.

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