Personal injury claims are civil legal claims used to pursue financial compensation for losses caused by an injury. Many personal injury claims follow a serious car accident or commercial truck accident. However, slip and fall accidents, dog bites, construction site accidents, and product liability accidents may also lead to personal injury claims. In Illinois, certain damages may be available to successful plaintiffs in a personal injury claim.
Compensatory Damages in an Illinois Personal Injury Case
Compensatory damages refer to economic losses suffered from an injury. This includes any out-of-pocket expenses, such as medical bills and lost wages. In addition to financial losses, compensatory damages may also cover the physical pain and emotional suffering associated with an injury. Compensatory damages are meant to make a plaintiff “whole” after an accident by reimbursing them for actual economic losses suffered due to an injury.
Punitive Damages in an Illinois Personal Injury Case
In some cases, plaintiffs may be entitled to punitive damages. Punitive damages are a special form of compensation awarded by the court to punish and deter bad behavior. These kinds of damages are typically only available in cases where the defendant’s conduct was especially reckless or intentional. For instance, if a drunk driver causes an accident resulting in a catastrophic injury, they may face punitive damages. Punitive damages can often amount to large sums of money.
How Personal Injury Settlements and Awards are Determined
The amount of a personal injury settlement or award will depend on the circumstances of an individual case. A plaintiff’s attorney will typically negotiate with the defendant’s insurance company to reach an agreement for a settlement. If both parties are unable to agree, then the dispute may be resolved through arbitration or by filing a lawsuit and proceeding to trial. Ultimately, the amount of a settlement or award will depend on the damages suffered by the plaintiff and the facts of an individual case.
Personal injury claims can be complicated legal matters. It is important that plaintiffs understand their rights and seek appropriate legal counsel if they are injured as a result of another party’s negligence.
Contact our Aurora Personal Injury Lawyers
At Kinnally Flaherty Krentz Loran Hodge & Masur P.C., we know that filing a personal injury claim and recovering compensation can be extremely difficult - especially when you are still recovering from injuries. Let our skilled team of Aurora personal injury attorneys handle the legal aspects of your claim while you focus on getting better. We are dedicated to helping victims get the compensation they deserve for their injuries. Contact us today at 630-907-0909 for a free consultation.