If you are hurt by another person’s negligence, understanding the types of compensation you can pursue will be helpful. While medical bills are obvious, your recovery may also include the costs incurred due to lost wages, emotional distress, and lifestyle changes.
“Every case is unique. The understanding of this provides recovery options both for economic and non-economic losses,” explains Illinois personal injury lawyer Jonathan Schlack from Schlack & Bassmaji.
So let us review how Illinois law views damages in terms of personal injury claims and what should be taken into account when determining the amount of damages you can claim.
Economic Damages
The economic damages consist of losses that are quantifiable and documented by receipts, pay stubs, or other evidence of your expenses. This includes medical charges, surgeries, therapy costs, time off work, lost wages, and damage to property. All these losses have monetary amounts; thus, they are easier to prove and calculate.
In Illinois, the court demands solid evidence of such losses. When calculating lost wages, the daily salary of the victim is multiplied by the number of missed days. Future medical costs are estimated by doctors and discounted using standard interest rates to match their current value. All these losses should have proof; there should be no room for estimation.
Non-Economic Damages
Non-economic losses include all kinds of distress associated with injuries, such as pain and suffering, mental anguish, and lifestyle changes caused by your accident. These may consist of a loss of enjoyment, additional domestic responsibilities for your family members, and emotional distress. Even if these losses are harder to estimate, they are still real.
When dealing with non-economic damages in Illinois, you can expect certain approaches to estimating their cost. One method is known as the multiplier method: your economic losses are multiplied by a coefficient usually between 1.5 and 5, depending on the severity of your losses. The second approach is called the per diem method, in which daily losses are estimated and multiplied by the number of days of suffering.
Punitive Damages
Punitive damages, unlike other types of damages, are not meant to compensate someone for the loss. It is the way the state punishes someone for his or her excessive conduct. In the state of Illinois, the court orders punitive compensation only in cases of outrageous actions committed by the defendants, such as driving under the influence of alcohol and committing fraud. In fact, that is the reason why such compensation is rarely ordered.
In general, judges and juries tend to set rather high standards for recovering punitive damages because it has nothing to do with compensating losses. The plaintiff needs to prove that another party acted negligently and carelessly and provide evidence that is convincing.
Unfortunately, there is no algorithm for determining an appropriate amount of compensation. In particular, the jury makes its decision taking into account the seriousness of harm, the need to make the defendant reconsider his or her attitude, and the extent of damage caused.
Role of Personal Injury Attorneys
Primarily, a personal injury lawyer aims to obtain a fair and adequate amount of compensation for various types of losses, such as earning potential and suffering endured by a client. They collect and evaluate all relevant evidence, consult with qualified professionals, and clearly demonstrate to the judge the impact of the accident on the client’s life.
In addition, they take the burden off your shoulders. While you could handle the negotiation alone, it is not advisable to. With the burden of handling the legal aspect of your case being on your lawyer’s shoulders, you can focus on what matters the most in the moment: recovery.
To get the most appropriate legal help, find an experienced lawyer who has successfully worked with similar cases regularly and is able to explain his or her strategy clearly to clients. Past client testimonials can offer valuable insight, so be sure to review them carefully. Finding the right fit is everything.