Illinois personal injury laws typically award two types of compensatory damages. Economic damages reimburse you for the financial losses you incur and compensate you for future monetary damages. Economic damages include medical expenses, property damage, out-of-pocket expenses, and lost wages.
The second category of compensatory damages is non-economic damages. The damages compensate you for the intangible losses you incur. They are often referred to as “pain and suffering” damages. It can be challenging to put a price on pain and suffering. However, an experienced Peoria personal injury lawyer can use the facts of your case to maximize the value of non-economic damages.
What Types of Damages Are Included in Non-Economic Damages for a Peoria Personal Injury Case?
Non-economic damages encompass all types of suffering an injured party experiences from an accident or due to personal injury.
Examples of non-economic damages include:
Emotional Distress and Mental Anguish
Being involved in an accident or sustaining a personal injury can cause severe emotional distress. The trauma can result in PTSD (post-traumatic stress disorder), severe depression, anxiety, and other psychological conditions. An injured party may require extensive counseling and mental health treatment.
Physical Pain and Suffering
Injuries can cause severe pain. Some injuries may result in chronic pain that lasts a lifetime. A victim may also be experiencing discomfort and pain because of the medical treatments for their injuries, including surgeries and physical therapy.
Disabilities, Impairments, and Disfigurement
Some personal injuries may result in life-altering impairments and disabling conditions. Catastrophic injuries such as traumatic brain injury and spinal cord injuries could result in paralysis. A victim may suffer irreparable brain damage that impacts their cognitive, physical, and emotional functions or damage to internal organs that results in loss of bodily functions.
Injuries can also result in scarring and disfigurement. Burns may result in severe scarring. An accident could result in the loss of limbs or an amputation.
Loss of Enjoyment of Life and Quality of Life
A victim’s injuries can severely impact their quality of life and enjoyment of life. Consider how paralysis could limit someone’s ability to do the things they love or care for their personal needs. Chronic pain may make it impossible to enjoy any activities. A victim may never be able to enjoy the activities they did before the accident.
Loss of Consortium
A victim’s spouse can file a loss of consortium claim if their spouse sustains losses because of their injuries. A claim may include the loss of companionship, support, intimate relations, and society. A spouse may receive compensation for these losses.
How Much Are My Non-Economic Damages Worth?
Placing a value on pain and suffering is difficult. Two people can sustain the same type of injury, but their suffering can be vastly different. Many factors impact the severity of pain and suffering. Factors we consider when valuing non-economic damages include:
- The type and severity of the injuries you sustained
- How long it took for you to recover from your injuries
- The types of medical treatment required for your injuries
- Whether you sustained permanent impairments
- The level of scarring and disfigurement caused by the injuries
- The impact your injuries have on personal relationships
- Whether you can return to work or perform any gainful activities for employment
- The level of long-term care required for your injuries
Courts generally use one of two methods for calculating the value of pain and suffering. The per diem method sets a daily amount for non-economic damages. That amount is multiplied by the number of days between the injury date and the date the doctor releases the patient from their care.
The multiplier method multiplies a number between one and five by the amount of a person’s economic damages. The result is the value of their non-economic damages.
Choosing the value for the per diem or multiplier is a point of dispute between the injured party and the insurance provider. Insurance companies downplay pain and suffering damages to reduce the amount they pay for your claim. We use the above factors to highlight the level of suffering you experienced and will experience in the future to maximize the number used in the calculations.
How Can Comparative Fault Impact an Award for Non-Economic Damages?
Illinois has a modified comparative fault standard for personal injury claims. If you are partially to blame for causing your injuries, your damages award can be reduced by your percentage of fault. Therefore, if a jury finds you were 40% to blame for causing your car accident, the judge reduces will reduce your damages by 40%.
However, if you are 51% or more to blame for your injuries, you will be barred from receiving any money for your damages. Insurance companies use comparative fault to deny and undervalue claims. Be careful when speaking to an insurance adjuster. The statements you make could be used to accuse you of contributory fault.
Reach out to a Peoria personal injury lawyer from Joel E. Brown, P.C today at (309) 673-4357 if you have any questions about the non-economic damages you may be entitled to for your personal injury claim. Most of them offer a free consultation.