If another driver’s negligence caused a car accident in Illinois, you generally do not have to pay for the resulting costs by yourself. Victims can typically recover financial compensation for direct financial losses as well as non-financial harm. Together, these can pay for medical care, lost income, car repairs, and pain and suffering, among other expenses.
If a crash leads to permanent physical problems, compensation may also cover future healthcare needs and reduced earning potential. In cases involving extreme misconduct, punitive damages might also be available.
Recoverable Economic Damages
Economic damages reimburse you for clear financial losses linked to the accident. You usually prove these amounts with medical bills, receipts, and other documents.
Examples include:
- Emergency care
- Hospital stays
- Surgeries
- Physical therapy
- Expected future medical treatments
- Lost wages during recovery
- Long-term reductions in future earning capacity
- Expenses required to repair or replace damaged vehicles
- Out-of-pocket expenses
Recovering compensation for future losses often requires detailed estimates and testimony from medical and financial experts.
Recoverable Non-Economic Damages
Non-economic damages cover personal, non-financial harms that do not have a set price tag, but still deeply affect your daily life.
This category can provide money for:
- Physical pain and ongoing discomfort
- Emotional distress
- Scarring and disfigurement
- Loss of enjoyment of life
- Loss of consortium
These damages can make up a large portion of a settlement or award, especially in cases involving life-changing injuries.
Other Damages
Illinois law also allows victims to recover punitive damages in certain cases involving drunk driving, severe speeding, or hit-and-run incidents. Rather than repaying you for a specific loss, these damages are meant to punish extreme misconduct.
When a crash results in the death of a loved one, surviving family members can file a wrongful death lawsuit against the responsible party. These claims help cover lost financial support, loss of companionship, funeral costs, and grief. A separate survival action may also allow the victim’s estate to recover money for the pain and suffering the person experienced before passing away.
Illinois’s Modified Comparative Fault Rules
Certain situations can lower the damages you can receive. Under 735 ILCS 5/2-1116, Illinois uses a modified comparative fault rule when both sides share blame. If you are partly responsible for the accident, your compensation will be reduced by your percentage of fault. If you are found to be more than 50% at fault, you cannot receive any financial recovery at all.
For example, if your total damages equal $300,000 and you are 15% at fault, your final payout will be $255,000.
Contact an Experienced Attorney for Help Determining the Value of Your Claim
Figuring out the true value of your claim is a key step in getting fair compensation after a car accident. An experienced attorney can help you track your damages and calculate what you are owed. They can also bring in experts to evaluate your losses.
If you were injured in an Illinois auto accident, Feagans Law Group can review your case and help you pursue every available remedy. Contact us today to set up a consultation with our St. Charles auto accident attorney.