When filing a personal injury claim, damages can vary widely depending on the circumstances of the accident (including the negligence of the parties involved) and its effects. Not surprisingly, one of the primary questions many injury victims have is about claim compensation and how much they should expect to recover if they pursue their case.
The answer to this question varies greatly from case to case, and an Illinois personal injury attorney in Algonquin will need to thoroughly analyze the case and do the appropriate calculations to estimate its value. What one can know – or at least be reasonably informed about – before the case begins are the types of damages that are recoverable.
Different Types of Personal Injury Claim Damages
Compensatory damages are intended to make up for the victim’s losses and restore the victim, as much as possible, to the state he or she was prior to the accident. This type of claim compensation is divided into monetary and non-monetary personal injury claim damages.
Monetary damages include things like lost wages and bills related to medical care. These can be calculated fairly easily; for example, if one lost six months of wages and accrued $20,000 in medical bills, figuring out the value of these damages is relatively straightforward.
Paperwork used to establish monetary damages include:
- medical bills;
- receipts; and
- previous pay stubs to demonstrate lost wages can be used to establish these damages.
Non-monetary damages refer to the losses that are not financial. Often after an accident, the victim goes through a great deal of pain, both physical and emotional. Some need weeks or months of rehabilitation and some may even suffer from post-traumatic stress disorder (PTSD) and other phobias related to the accident experience.
Victims’ relationships can sometimes be affected after an accident as well. For instance, someone who has a serious injury may not be able to do the same things they used to enjoy doing with their families, or they may suffer a loss of intimacy with a spouse. In personal injury law, this is known as “loss of consortium,” and a spouse may seek to recover these personal injury claim damages.
Pain and suffering, while very real and sometimes debilitating for accident victims, cannot be measured in the same way loss of wages or medical bills can. Many factors need to be considered in order to determine a fair compensation amount. Based on the details of the case, an Illinois personal injury attorney in Algonquin may provide a general estimate of non-monetary claim compensation.
Sometimes, punitive damages are also awarded. This type of compensation is intended to “punish” the negligent party and to discourage them from similar dangerous behavior in the future. Punitive damages are not part of claim compensation for every case, but in Illinois, a personal injury attorney in Algonquin may pursue them in some situations.
An Illinois Personal Injury Attorney in Algonquin Can Pursue Fair Compensation
A successful personal injury case involves presenting all the evidence to prove liability and showing in detail how the injuries have impacted the victim’s life. Often, the opposing side will offer a settlement for claim compensation, and it’s up to the victim and his or her lawyer whether it covers personal injury claim damages and whether to accept it.
An Illinois personal injury attorney in Algonquin can give a basic estimate as to claim compensation that may be recovered based on the circumstances of the case. However, the amount you are actually awarded may vary. There are many factors involved, and it can help to have an attorney from Franks & Rechenberg to represent the claimant’s best interests and make sure he or she is being treated fairly when pursuing personal injury claim damages.