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- What Type of Damages Can I Seek in a Personal Injury Claim?
Before you get damages in a Personal Injury car accident case in Illinois, you first need to prove you should get them and then know the fullest extent of your damages.
4-elements to prove:
In order for us to negotiate any IL car accident settlement with an IL auto insurance claims adjuster or to a jury to award damages, you have to prove these four elements. Generally, in IL in your personal injury IL tort law case ( Personal Injury – Negligence – car accident v. Truck company and Truck driver) you must show:
- At-fault driver individual (Defendant) owed you (the plaintiff) a duty of care (Defendant
drove a Co. truck)
- Defendant (Truck driver) breached their duty of care by acting or failing to act by the defendant (Ran a red light)
- the breach his duty of care (don’t run red lights and hit other cars)
- that breach more likely than not (51% or more) caused you injury and other compensatory damages (Defendant running red light striking your (plaintiff’s) car caused you (plaintiff) broken tibia or concussion)
Generally, if you have or know you can prove these four elements , an attorney works up your damages to maximize settlement amount and goes to trial if you don’t accept the settlement offer
Generally, if you have proved up your case, the court, jury or adjuster will look at the amount of loss you have incurred, such as tin the past and expected to incur in the future. Damages you may claim are Economic and Non-Economic
An Illinois jury or IL auto claims adjuster looks at:
- Pain, Suffering Loss of Normal Life
- Extent of immediate continuous medical care and treatment
- Severity or injury
- Costs of medical care and treatment
- Loss of earnings
- The amount of future assistance you may need and
- Other damages permitted under IL law depending on the facts of your case.
In some cases, the court or jury may also award punitive damages (in addition to compensatory damages).
Punitive damages will often consider the amount of pain and suffering the victim experienced. These types of damages are intended to punish the defendants for their wrongdoing, as pain and suffering can never be sufficiently compensated.
Insurance companies don’t like to pay high damage car accident claims or verdicts
Insurcompanies routinely offer unrepresented claimants far much less than claimants who hired attorneys. Experience matters. And fact is lawyers and adjuster who regularly settle certain types of injury claims for a living do better than a claimant who usually has no or little experience in negotiating a personal injury claim.
Auto Insurance companies don’t like to pay high damage car accident claims or verdicts
Insurance companies routinely offer unrepresented claimants far much less than claimants who hired attorneys. Experience matters. And fact is lawyers and adjuster who regularly settle certain types of injury claims for a living do better than a claimant who usually has no or little experience in negotiating a personal injury claim.