Damages that May be Awarded in Accident Cases

 Posted on May 20, 2014 in Personal Injury

Accident cases can range from car crashes to motorcycle and ATV accidents, to crashes involving pedestrians. No matter the source of the accident, any legal action arising out of such incidents would fall under personal injury law in Illinois, which would govern any resulting lawsuit. In deciding whether to file suit after an accident, one of the primary considerations a potential plaintiff may have is what damages they may recover if their lawsuit is successful.

Damages in Personal Injury Cases

According to the personal injury law in Illinois, a person who is injured as the result of another's negligence can seek compensation for their injuries and for other damage the negligent act may have caused. A defendant could be held responsible for many different types of damages in amounts to be determined by a judge or the jury hearing the case. The purpose of awarding damages in personal injury cases is to put the plaintiff back in the position he or she was in prior to the accident.

Types of Damages

The facts of each personal injury case will determine which specific types of damages that may be awarded, but generally they include compensatory, punitive, and nominal damages. A plaintiff can also seek to have the opposing party pay their court costs and attorney's fees. The following provides a description of these three types of damages:

• Compensatory Damages: As the name implies, these damages are meant to compensate the plaintiff for any injury they sustained. They can include actual damages, such as medical bills, lost wages, and damaged property value. Compensatory damages can also include general damages, such as an estimate for losses that do not have monetary value associated with them. Examples include mental pain and anguish, and future expenses.
• Punitive Damages: These damages are meant to punish a defendant for actions that involved gross negligence or recklessness in causing the plaintiff's injuries. Their purpose is to prevent the same types of actions from causing accidents in the future.
• Nominal Damages: Some personal injury cases may involve intentional conduct, as opposed to negligence conduct, that did not result in huge financial loss or burden. In cases such as these, a plaintiff may be awarded nominal damages as recognition that the defendant legally wronged him or her.

Amount of Damages

The amount of damages that may be awarded in any personal injury or accident case varies greatly. There is no set amount or mathematical formula imposed by law to determine the amount of damages that will be awarded if any given case is successful. Rather, this is an area where a knowledgeable attorney would consult with their client about the facts of his or her case to determine how much the case is worth.

An experienced accident attorney will work with you to inform you about the amount of damages you can expect, and work hard on your behalf to ensure a successful result. Contact the attorneys at Mevorah & Giglio Law Offices today for a consultation about your accident case. We serve clients in Cook, DuPage, Kane, Lake, McHenry, Kendall, and Will Counties.