Illinois law allows the recovery of several kinds of monetary damages when the carelessness of one party harms someone else. “Compensatory” damages pay for the harm done to the injured person, whether out-of-pocket like medical bills and lost wages, as well as non-economic losses like pain and suffering. “Punitive” damages can punish the wrongdoer for shocking behavior.
A Chicago personal injury attorney can talk to you about your personal injury case and the compensation you could recover. Let’s explore the question of what the types of damages in personal injury cases are.
Economic Damages in Personal Injury Claims in Illinois
Economic damages are a category of compensatory damages that can be appropriate to repay the injured person for the harm the other party caused through carelessness. There are three primary categories of economic damages in personal injury cases:
- Medical expenses. The cost to treat the wounds can be recoverable. These bills can start with the ambulance and continue to the emergency room or trauma center, hospital, surgery, doctors, x-rays, diagnostic procedures, physical therapy, and prescription drugs. Any other medical expenses directly related to the injury can be added to the lawsuit.
- Lost wages. When a person misses paychecks because of an injury caused by someone else’s negligence, the amount of that lost income can be a part of the personal injury claim. This can include lost wages, salary, self-employment, and other kinds of regular earnings.
- Property damage. If the plaintiff’s property got damaged in the accident, the defendant can be responsible for the cost to repair or replace the item. A common example of property damage is the cost to fix a car after a collision.
You will want to be sure to mention all of your financial losses caused by the accident that injured you.
Intangible Losses in Chicago Personal Injury Cases
This category of monetary damages is called intangible because, unlike medical expenses and lost wages, these losses usually do not come with receipts or bills that make them easy to quantify in terms of dollars. Nonetheless, intangible losses are valid and recoverable in personal injury cases.
You have likely heard of “pain and suffering” damages. This type of loss is to compensate the injured person for the physical discomfort, inconvenience, and emotional distress of getting hurt because of someone else’s negligence.
Other types of intangible losses include things like disfigurement from large scars, post-traumatic stress disorder (PTSD), and loss of enjoyment of life. Make sure that you tell your Chicago personal injury attorney all of the ways in which the accident and your injuries have impacted your life.
When Can You Recover Punitive Damages in a Chicago Personal Injury Lawsuit?
The vast majority of personal injury cases do not result in an award of punitive damages. The law acknowledges that human beings make mistakes, which is why a person who gets injured because of the negligence of another party can recover compensatory damages for the harm caused.
It takes an extreme situation for a court to award punitive damages in a personal injury case. Generally, the plaintive has to prove that the defendant caused the harm intentionally, as in an assault, or was outrageously reckless and showed a callous disregard for the safety of others. Also, when a large corporation puts profits ahead of the safety of the public, juries tend to punish them with punitive damages.
Contact Our Chicago Personal Injury Attorneys Today
You will want to talk to a Chicago personal injury attorney of Hale & Monico as soon as possible. Illinois does not give people very long to take legal action on a personal injury claim. To not lose any valuable time for your case get in touch with our office today, and we’ll gladly offer a free consultation.