If you were injured due to someone else’s negligence in Illinois, you might be entitled to compensation through a Geneva personal injury lawsuit. This compensation, known as “damages,” are categorized into economic, non-economic, and, in some cases, punitive losses.
Understanding these types of damages can help you pursue the full compensation you deserve. The following sections will explain the three major types of damages you can recover after a car accident, truck accident, workplace accident, or another personal injury incident.
Economic Damages
Economic damages cover financial losses directly resulting from an accident. These damages are intended to reimburse the victim for expenses that can be calculated with receipts, bills, and financial records.
Common economic damages include:
- Medical expenses, including emergency care, hospitalization, surgery, rehabilitation, and ongoing treatment
- Lost wages, including income lost during recovery and any future lost earning capacity
- Property damage, i.e., costs to repair or replace damaged vehicles or personal property
- Out-of-pocket expenses, such as travel costs to medical appointments, assistive devices, or home modifications
You may also be able to recover money for future medical losses that you are expected to incur, but this usually requires expert testimony.
Non-Economic Damages
Non-economic damages compensate victims for intangible losses that do not have a specific dollar value but significantly impact their quality of life.
These are subjective in nature and can include:
- Pain and suffering, representing the physical discomfort and chronic pain caused by the injury
- Emotional distress, such as psychological trauma, anxiety, depression, and PTSD
- Loss of enjoyment of life, meaning the inability to participate in hobbies or activities once enjoyed
- Disfigurement and scarring, i.e., permanent physical injuries that affect appearance or mobility
- Loss of consortium, which is reflects the negative impact your injuries have on relationships with a spouse or family members
Punitive Damages
In certain cases, the court may award punitive damages to punish the at-fault party for especially reckless or malicious behavior. Punitive damages are rare and typically only granted when the defendant’s conduct was intentional or grossly negligent. For example, these damages are sometimes awarded in cases involving drunk driving.
Comparative Negligence in Illinois
Illinois follows a modified comparative negligence rule, which means that your compensation may be reduced if you are found partially responsible for the accident.
For instance, if you are 20% responsible for a car accident, your compensation will be reduced by 20%. If you are more than 50% at fault, you cannot recover any damages.
Not all allegations of comparative fault are legitimate. Insurance companies and other defendants often try to blame victims for their accidents knowing that such tactics, if successful, may result in a lower payout. An experienced attorney can challenge any unfounded accusations of fault and work to get you the full compensation you deserve.
Contact a Geneva, IL Personal Injury Lawyer Today
If you’ve been injured in an accident in Geneva, IL, it’s helpful to understand the types of damages available in a personal injury lawsuit. This can help you set expectations for your case and keep track of any losses you’ve experienced.
At Feagans Law Group, our experienced attorneys can assess your case, identify all potential damages, and pursue maximum compensation on your behalf. Contact us today to schedule a free consultation and learn more about your legal rights and options.