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Damages in Illinois Personal Injury Lawsuits
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When you sue someone for negligence in Illinois, the defendant can be held liable for your economic, non-economic, or punitive damages.
Economic damages are compensation for some kind of monetary loss. Some examples of economic damages are loss of earnings, loss of property, costs of repair or replacement, the economic value of services, loss of employment, medical bills, and loss of business opportunities. A loss of earnings refers to an amount of money that was not earned (or will not be earned in the future) because of something that the other party did. In a negligence case, for example, the defendant can be responsible for a loss of earnings when his/her negligence prevented (or will prevent) the plaintiff from receiving earnings.
The key thing with economic damages is that it can be identified objectively, sometimes down to the penny. When you have substantial economic damages in Illinois personal injury lawsuits it’s not un-common for a lawyer to hire an economist to testify as to your loss, especially when it deals with loss of future earnings.
On the other hand, non-economic damages refer to compensation for some kind of non-monetary loss. Some examples of non-economic damages are pain, suffering, emotional distress, and a loss of consortium. In a negligence case, for example, a defendant can be responsible for the emotional distress that his negligence caused. A loss of consortium is typically seen in wrongful death suits, and refers to the loss of companionship for a spouse whose husband/wife was killed wrongfully.
The key point with non-economic damages is that they are subjective. You may hire an Aurora personal injury lawyer for a lawsuit in that area and get a completely different result than you would in a more rural downstate area or an even more urban city like Chicago. It’s difficult to predict what your emotional loss or pain and suffering is worth and it often comes down to the sympathy a jury feels. A good personal injury attorney knows how to prepare their clients for testimony and also knows how to negotiate for non-economic damages before a trail occurs.
Punitive damages refer to non-compensatory damages that are awarded to a plaintiff in a legal suit that arises from the malicious or wanton misconduct of the defendant. Punitive damages are imposed to serve as a punishment for the defendant, and they are separate and in excess of compensatory damages (economic and non-economic damages).
The key point with punitive damages is that they are awarded to plaintiffs in order to punish a defendant for awful conduct such as driving while drunk. You wouldn’t expect to get punitive damages if you were hurt when you slipped on a wet floor at a store because even if the defendant was negligent, their actions weren’t malicious.
Does any of this sound confusing? It can be which is why it always makes sense to have an experienced Illinois personal injury lawyer in your corner. If you have any questions or would like an attorney referral please contact us at (312) 346-5320.
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