Many injury victims worry there may be legal limits on how much compensation they can recover after a serious accident. In Illinois, the law regarding damage caps has changed significantly over time. Today, most personal injury claims in St. Charles are not subject to broad limits on how much money they can obtain.
The sections below explain the general damages available in personal injury cases and explain the historical caps and current limitations on compensation awards.
General Damages Available in Personal Injury Claims
Illinois personal injury law generally allows injured victims to pursue compensation for their economic and non-economic damages after an accident. These are called “compensatory damages” because they compensate individuals for the losses they’ve suffered.
Economic damages cover a person’s provable financial losses, including:
- Medical bills
- Future medical treatment
- Lost wages
- Reduced earning capacity
- Property damage
These damages also include future expenses that one is expected to incur due to their injuries.
Non-economic damages cover the personal and emotional harm caused by the injury, which have no direct financial value per se but are still important to address.
These damages may include money for:
- Pain and suffering
- Emotional distress
- Disability
- Disfigurement
- Loss of normal life
Non-economic damages are often a substantial portion of an injury award, sometimes as much as 1.5-2x the amount of economic losses.
Punitive Damages
In some cases, punitive damages may also potentially be available. These are not compensatory damages. They are designed to punish the defendant rather than restore you to your pre-accident financial and health situation.
These losses are only available in rare cases involving extreme misconduct. Drunk driving cases offer a possible example.
Illinois No Longer Has Caps on Personal Injury Damages
Illinois previously imposed limits on certain personal injury damages, particularly in medical malpractice cases. However, the Illinois Supreme Court later found those caps unconstitutional.
As a result, Illinois generally does not have caps on compensatory damages in ordinary personal injury claims. This means juries may award full compensation for an individual’s financial and personal losses.
Situations that Can Limit or Reduce Your Compensation
Although Illinois generally does not impose broad damage caps, several factors may still reduce or limit compensation in certain cases. Of course, insurance policy limits can significantly affect how much compensation is available after an accident.
Illinois also follows a modified comparative negligence system. If an injured person is partially responsible for the accident, their compensation may be reduced according to their percentage of fault. If the injured person is more than 50% responsible, they may be barred from recovering compensation entirely.
Also, claims against municipalities, government entities, or the State of Illinois may be subject to a statutory cap. However, this cap does not apply to injuries caused by a state employee operating a state-owned, leased, or controlled vehicle.
If you suffered injuries because of someone else’s negligence, the attorneys at Feagans Law Group can help you understand your legal rights and pursue the full compensation available under Illinois law.