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How Compensation is Awarded to Victims in Illinois

Posted on July 1, 2013 in
Duncan Law Group|

Injured victims and families who have suffered losses at the hands of another will often have the right to recover their damages by filing a personal injury – or wrongful death – claim against the at-fault party. Personal injury claims are designed to provide proof that another person or entity is responsible for causing harm to a victim and that they must be held financially liable for compensating that victim, and if applicable, certain family members. As victims are often faced with tremendous financial strains and setbacks in the wake of tragedy and injury, they nearly always depend on court-ordered compensation to get their lives back on track. The following information can help local victims and families in Chicago and the surrounding areas better understand how the state of Illinois awards compensation in personal injury cases.

While each case is unique and although compensation will vary depending on the specific facts and circumstances of a claim, Illinois statutory law creates a general guideline for the ways in which monetary compensation is awarded to injured victims and certain eligible family members. Regardless of the case at hand, compensation will be awarded to cover any physical, emotional, and / or financial damages that arise directly from a victim’s accident or injury. Compensation for these damages will be awarded in the form of economic damages, non-economic damages, and – in certain cases – punitive damages.

Economic Damages

When awarding victims compensation for economic damages, courts will take a number of factors into consideration, including medical expenses, the costs of treatment and projected future care, lost work wages and future earnings, the costs of any psychological treatment, and other financial expenses that result directly from a victim’s injuries and accident.

Non-Economic Damages

Non-economic damages generally refer to the emotional and non-tangible injuries suffered by victims and their loved ones. While pain and suffering, mental anguish, and the psychological damages endured by a victim’s families are difficult to equate in monetary sums, courts will carefully review these elements when awarding victims fair compensation for their non-economic damages.

Punitive Damages

Punitive damages are a form of exemplary damages that are designed to further punish wrongdoers for gross acts of negligence or misconduct. Punitive damages are not awarded in every case, but when they are applicable, they can be used to help victims obtain further justice and additional compensation. Drunk driving accidents, for instance, commonly award victims punitive damages because drunk driving is an act any reasonable person should know to be dangerous, negligent, and illegal.

At Duncan Law Group, you can find the resourceful and aggressive representation you need to file a personal injury claim and obtain the compensation you rightfully deserve. Attorney Robert Duncan has spent years advocating on behalf of injured victims and their families, and he is committed to helping them obtain the maximum compensation possible. If you or your loved one has recently been injured and would like more information about your right to recover your damages, please do not hesitate to bring your case to the attention of an experienced Chicago personal injury lawyer. To get in touch with our firm, contact Duncan Law Group online today.