How Is the Value of a Personal Injury Claim Determined in Illinois?

 Posted on February 09, 2021 in Personal Injury

When another party’s negligence, recklessness, or wrongdoing causes someone to be injured, the negligent party may be liable for damages. This means that the injured person is entitled to compensation for the losses they sustained. Financial compensation may be available for the actual expenses incurred by the injury as well as the non-financial losses like pain and suffering. The amount of compensation available in a personal injury claim varies significantly from case to case, but the same basic factors are typically used to determine the compensation awarded.  

The Severity of Your Injuries Will Impact the Value of Your Case

As anyone who has ever received a hospital bill can attest, the cost of medical treatment in the United States can be astronomical. Even seemingly minor injuries such as a laceration or a small fracture can incur steep medical bills. Compensation for past medical bills as well as future medical expenses may be available in a personal injury claim. If your injuries require multiple surgeries, ongoing rehabilitative care such as physical therapy, and other costly treatment, this will increase the potential value of your claim.

The severity of your injuries will also affect the compensation you may receive for lost wages. The longer you are off work, the greater your lost wages. If your injuries caused permanent disability or loss of function, you will also be entitled to compensation for the impairment to your earning capacity.

Non-Economic Damages for Pain and Suffering  

You may receive monetary compensation for non-economic damages including pain and suffering, disability, and disfigurement. Typically, the greater the impact injuries have on your ability to function, the more compensation you may be entitled to for non-economic damages. Non-economic damages are often calculated using a multiplier method. With this method, the amount of economic damages is multiplied by a number – typically between 1.5 and 5 – to determine the amount of non-economic damages to be awarded. Non-economic damages may also be calculated using a "per diem" method in which the injured person is awarded a certain amount of money for each day he or she spends recovering from the injuries.

Punitive Damages May Be Awarded in Some Cases

If the defendant’s actions were with "evil motive" or "reckless and outrageous indifference" to consequences, punitive damages may be awarded to the injured person. Punitive damages are intended to serve as a financial penalty to the defendant. However, these types of damages are only awarded in a small number of cases and are not available in medical malpractice cases.

Contact an Elmhurst Personal Injury Lawyer

A personal injury claim may allow you to recover financial compensation for medical expenses, lost income, disability, pain and suffering, and more. Contact a knowledgeable Bensenville personal injury attorney from Kaiser Law to discuss all of your legal options following an injurious accident. Call our office today at 630-233-9946 to schedule a free consultation.

Source:

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K2-1115.05