How Are Damages Calculated in an Illinois Personal Injury Lawsuit?

 Posted on September 22, 2020 in Personal Injury

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. 

If your injury has diminished your ability to earn income in the future, you could also receive compensation for your loss of earning capacity. This loss is estimated using the current wage rates for your profession, the location where you worked, your employment records including promotions and raises, your education, and other factors.   

Noneconomic Damages for Pain and Suffering and Mental Anguish

It is much easier to quantify medical costs, loss of income, and other economic damages than it is to quantify intangible losses like pain and suffering or loss of consortium. Noneconomic damages are sometimes calculated by totaling the known economic damages and multiplying the value of these damages by a certain multiplier – often between two and five. However, this calculation method is not appropriate in every situation.

Unlike other states, Illinois does not impose a limit or “cap” on damages for pain and suffering unless the claim is being brought against the state. However, the amount of economic and noneconomic compensation you can receive in an Illinois personal injury claim is reduced by your degree of fault. For example, if you were found to be 10 percent at fault for the injury-causing accident, the amount of compensation you could receive will be reduced by 10 percent. If you are found to be more than 50 percent at fault, however, you cannot collect anything.

Contact a Rockford, Illinois Personal Injury Attorney

The accomplished team at Mannarino & Brasfield, A Division of Schwartz Injury Law, has obtained numerous multi-million dollar settlements and verdicts for injured clients and their families. Our Winnebago County personal injury lawyers are dedicated to protecting our clients’ rights and pursuing the maximum compensation possible. Call us at 815-215-7561 and schedule a free, personalized case consultation to learn more.  

Source:

https://courts.illinois.gov/CircuitCourt/CivilJuryInstructions/IL_IPI_Civil.pdf