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As a victim of a personal injury, you may wonder about the financial recovery you can expect after suffering harm due to someone else’s negligence. The potential for extensive medical treatment, lost wages and long-term care can combine to create significant financial pressure. At The Horwitz Law Group, we understand these concerns and want to ensure you have an accurate understanding of what you can recover in Illinois.
The short answer: No, Illinois does not cap recoverable damages in personal injury cases. In this blog, our team will explain more of what this could mean for your case.
Illinois personal injury law recognizes three main categories of damages:
These tangible losses include costs like medical expenses, rehabilitation costs, lost income and property damage. Since these damages are based on financial documentation such as medical bills and pay stubs, they tend to be easier to calculate and justify.
Pain and suffering, emotional distress, loss of enjoyment of life and disfigurement fall into this category. These damages are designed to compensate for the intangible impacts of your injuries on your quality of life.
Reserved for cases involving intentional harm or extreme negligence, punitive damages are sought in order to punish the wrongdoer and deter similar conduct. These require clear evidence of malicious intent or gross negligence.
Illinois previously attempted to cap damages in certain cases. In 2005, the state enacted limits on non-economic damages in medical malpractice cases. However, the Illinois Supreme Court struck down these caps in 2010, ruling them unconstitutional. This significant decision recognized that damage caps violated governmental separation of powers by interfering with the judiciary’s role in determining appropriate compensation.
Impact for Plaintiffs:
While Illinois does not cap damages, the pursuit of maximum compensation requires skilled legal representation. Insurance companies frequently attempt to minimize payouts, regardless of legal limits or the lack thereof.
A lawyer can help you:
Our personal injury lawyers at The Horwitz Law Group have secured millions of dollars in compensation for our clients. With our understanding of building compelling cases, we can skillfully highlight the full scope of our clients’ losses to achieve the justice they deserve.
Illinois’s lack of damage caps enables you to pursue the compensation your injuries deserve. However, seeking maximum recovery often requires experienced legal advocacy to overcome insurance company resistance and present your case effectively.
Your injuries do not have to go uncompensated. Contact The Horwitz Law Group today for a free consultation. Our Chicago personal injury lawyers can evaluate your case, explain your possible legal options and fight to secure the compensation you need to move forward with your life.
To arrange a free initial consultation with an experienced Illinois injury lawyer complete the e-mail form below.
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