Illinois law allows individuals who are hurt by another party’s negligent or illegal conduct to file a personal injury claim and seek monetary damages. The injured person may be able to collect compensation for the financial and non-financial harm caused by his or her injuries including medical bills, lost income, and pain and suffering. Hiring a personal injury lawyer is not a requirement for seeking compensation through a personal injury claim. However, successfully recovering damages through an injury claim is a very complicated and legally demanding process. An experienced personal injury attorney is an invaluable resource.  

Investigating Your Accident and Gathering Evidence

There are four basic elements in an injury claim. Proving each of these elements using persuasive arguments and evidence is key to getting the compensation you deserve. The elements include:

• Duty
• Breach of duty
• Injuries
• Damages

A skilled personal injury attorney who has secured favorable settlements and awards for previous clients will know what is needed to successfully demonstrate each of these elements. Personal injury lawyers are adept at finding evidence and using this evidence to strengthen the case against the defendant. An experienced personal injury attorney will also have access to various experts including accident reconstruction specialists and vocational rehabilitation professionals who can provide compelling testimony to further improve your case. The more evidence you have to support your claim, the more likely you are to successfully recover compensation.  

There is no question that construction workers have an extremely dangerous job. One out of every five worker fatalities in the United States occurs in the construction industry. Non-fatal injuries including traumatic injuries and receptive motion injuries are also common. These injuries can lead to steep costs – both financial and personal.  If you were injured or a loved one was killed during construction work, you may be able to seek compensation for your losses through a personal injury claim.

Workers Compensation Versus a Personal Injury Lawsuit

Businesses with one or more employees must carry workers’ compensation insurance by law. If you or your loved one’s construction accident occurred at work, you are likely entitled to compensation through workers’ compensation. However, the compensation you get through workers’ compensation may not even come close to fully compensating you for your losses. Furthermore, workers’ compensation only covers economic damages like medical bills and part of your lost income.

A personal injury lawsuit may allow you to recover your full lost wages, the damage to your earning capacity, and non-economic damages. You may be entitled to compensation for the physical pain caused by your injuries as well as the emotional and mental suffering you experienced. If your loved one died in a construction accident, you may be compensated for:

While the basic concepts of personal injury law are generally the same, the details vary from state to state. However, these variances can make a significant impact on an injured person’s potential recovery. The amount of compensation you may receive through a personal injury lawsuit can be affected by many different factors, including the injured person’s own negligence at the time of their injury. If a plaintiff is partially at fault for the accident that caused their injuries in Illinois, the legal doctrine of comparative fault will apply.

Comparative Negligence for Accidents Caused by Shared Fault

Blame for any type of accident is rarely black and white. A car accident may occur because of a combination of factors. Weather conditions, road conditions, the speed at which the vehicles were traveling, distracted driving, and many other issues may affect the severity of an accident victim’s injuries. Illinois follows a legal doctrine called modified comparative negligence in personal injury claims involving shared fault. An injured person who is partially at fault for his or her own injuries may still be entitled to damages as long as he or she is not more at fault than the defendant. If an injured plaintiff is 50 percent or less at fault, he or she may still be able to recover damages. However, the amount of compensation he or she may recover is reduced by his or her percentage of fault. For example, a plaintiff who is found to be 10 percent at fault for an accident which causes $100,000 in damages may be able to recover $90,000.

Comparative negligence or comparative fault does not only apply to car accident cases. It may also influence other types of personal injury cases. For example, in a slip and fall accident claim, an injured person may act in a way that increased the chances of being hurt in a slip and fall accident. For example, if the injured person was looking down at their cell phone at the time of the slip and fall accident, the defense may argue that the plaintiff’s injuries would not have been as severe if he or she was paying closer attention.

Damages are the financial and nonfinancial losses incurred as the result of an injury or death caused by another party’s negligence or wrongful act. “Compensatory damages” refers to the compensation an injured person receives for things like medical bills and lost wages. However, it is possible for a claimant in a personal injury case to receive “punitive damages” as well. Punitive damages, or exemplary damages, are above and beyond the compensation an injured person would typically receive and are only awarded in certain circumstances.

Illinois Law Regarding Punitive Damages

Punitive damages are intended to punish a defendant for actions that are exceptionally negligent or wrongful. The additional compensation awarded to the injured party serves as a deterrent against similar actions in the future. Illinois law states that punitive damages are awarded when a defendant's behavior was with “evil motive” or careless disregard for the risk of harm to others. The plaintiff in an injury claim must show that the defendant’s actions were sufficiently malicious or reckless to warrant punitive damages by “clear and convincing evidence." This burden of proof is much harder to satisfy than the “preponderance of the evidence” standard. Consequently, successfully recovering punitive damages after being injured by another party’s behavior will require the plaintiff to build a robust, evidence-based case.

Types of Injury Cases in Which Punitive Damages May Be Awarded

Illinois plaintiffs may pursue punitive damages for cases involving:

Personal injury claims enable individuals hurt by the negligent or unlawful actions of another party to recover damages, or compensation, for the losses they have sustained because of their injuries. These claims are often associated with medical malpractice, car accidents, premises liability including slip and fall accidents, and defective products. If you have decided to file a personal injury claim and pursue compensation for your medical expenses, pain and suffering, or other losses, you may have questions about how the amount of compensation you may receive will be calculated.  

Calculating the Monetary Value of Economic Damages

Medical costs are often a top motivator for personal injury claims. The amount of reimbursement you will receive for medical expenses will depend on:

• The severity of your injuries
• The cost of the medical treatment you have already received
• The estimated cost of the medical treatment you will need in the future
• The amount of time you will likely need to recover from your injuries
• Whether there are any permanent or ongoing consequences of your injuries

You may also receive compensation for your lost wages caused by missed work. Loss of income is calculated by adding together the money you would have earned or would have likely earned if you were able to work. Lost income typically includes wages and any commissions, bonuses, or tips you would have likely received as well as compensation for the loss of your work benefits.