How Is My Compensation Calculated In A Personal Injury Case?
Fri 17 Mar, 2023 / by Parker and Parker / Personal Injury
When you suffer an injury due to someone else’s negligence, it can be a difficult and horrific experience. In addition to dealing with the physical and emotional toll of the injury, you might also be facing substantial financial losses from things such as medical expenses and lost wages. Fortunately, Illinois law provides for compensation for these damages.
At its core, personal injury law is designed to award compensation to those who have been harmed and injured by someone else. This can include a wide range of incidents, from car accidents to slips and falls to medical malpractice.
Navigating the legal system can be complex and overwhelming, particularly if you are dealing with the aftermath of a significant injury. This blog is designed to provide information and guidance to those who have sustained injuries and are seeking compensation for that harm. Our goal is to provide you with the knowledge and resources you need to protect your rights and ensure you get the just compensation you deserve.
A Very Common Question in a Personal Injury Case
One of the most common first questions our personal injury clients ask is how much money they will receive, and it’s no wonder why. When you have been hurt in an accident, you are typically unable to work, and the bills start to pile up. We know it’s hard to concentrate on healing when the bill collector is constantly ringing your phone, so we always do our best to let our clients know what they can expect to recover in compensation. While that amount varies from case to case, our personal injury lawyer explains the basics below.
Determination of Economic Damages
Economic damages, also known as special damages, are the easiest type of damages to prove. They consist of:
- Past and future medical costs
- Past and future lost wages
- Property damages
Factoring Your Non-Economic Damages
Non-economic damages, also known as general damages, are much more difficult to calculate. They consist of:
- Pain and suffering
- Mental anguish
- Physical Disability
- Loss of capacity to enjoy life
There is no exact formula for calculating these losses and such damages are often subjective and difficult to quantify. Still, there are a number of factors that will need to be taken into consideration:
- The Severity of the Injury: One key factor that is considered in determining noneconomic damages is the severity of the injury. The more severe the injury, the higher the amount of damages that you may receive for pain and suffering.
- The Duration of the Injury: How long have you suffered from your accident-related injury? Injury duration is a very important factor to consider when determining noneconomic damages. Unfortunately, the longer an accident victim suffers, the higher the amount of compensation to which they may be entitled.
- Impact on Your Daily Life: This must also be considered. Why? Because if the injury has prevented you from participating in activities that you once enjoyed, that fact must be accounted for and compensated.
- Emotional Distress: Emotional distress can also be accounted for when making a determination about noneconomic damages. If, as a result of the accident and its lingering effects, you now suffer from anxiety, depression, or other emotional distress, such issues may be considered when determining the proper amount of compensation.
- Your Age and Health: Your age and health may also be taken into consideration when determining noneconomic damages. For example, if you are older or if you have pre-existing conditions, you may be entitled to higher than normal compensation for pain and suffering due to the impact the accident-related injury may have on your quality of life.
A Few Final Thoughts
To truly know what your case is worth, you need to speak with a Peoria personal injury attorney. There are other considerations not mentioned in this blog post, such as Illinois’ modified comparative negligence system (which means that Illinois, unlike some other states, is NOT a no-fault state), which will play a huge role in the amount you are able to recover.
Other additional factors include uninsured motorist coverage. If you have uninsured motorist (UM) coverage on your own insurance policy, it may provide compensation for your damages. UM coverage provides those who are involved in accidents with a certain dollar amount in the event the accident was caused by an uninsured or hit-and-run driver. The amount of compensation available under UM coverage will depend on your insurance policy limits.
Get A Peoria Personal Injury Attorney On Your Side
If you have been injured in an accident in Illinois, speak with a personal injury lawyer today. We know the stress these accidents cause, and we walk you through the process of recovering the compensation you deserve. Contact our office for a free consultation.