After an accident, your injuries might interfere with your ability to work, enjoy your hobbies, and complete ordinary daily tasks. On top of that, the recovery process might be long, expensive, and painful. You should not have to carry this burden alone. Our legal team can help you get fair financial compensation from the person responsible for the accident.
Anyone who has experienced an injury, severe or not, can tell you how expensive they can be. When taking legal action, your costs, losses, injuries, and even personal experiences may form the basis of your damages. In more unusual cases, courts might also award punitive damages to punish the defendant. Before we can get compensation for your damages, we need to obtain evidence demonstrating how the defendant is directly responsible for your injuries. Evidence can be difficult to find, and it is not always admissible, so it is crucial that you work with an experienced lawyer. Also, be prepared for a lengthy time commitment, as cases often take months or longer to complete.
For a free, private evaluation of your claims, contact our Chicago personal injury attorneys at the Rhatigan Law Offices by calling (312) 578-8502.
Recovering Damages in a Hanover Park, IL Personal Injury Case
Many argue that one of the purposes, if not the primary purpose, of an injury case is to recover compensation for damages. To accomplish this, we must accurately assess and claim damages in your case. Compensatory damages revolve around your specific losses and injuries. While some might be measured in terms of how much they cost, others are more subjective. In rare instances, punitive damages may be awarded, but this tends to be unusual.
Compensatory Damages
Compensatory damages are broadly divided into economic and non-economic damages. The extent of these damages in your case depends on how you were injured and the overall extent of your injuries. It can be easy to overlook certain damages, and you should speak to a lawyer to make sure everything is accounted for.
Economic damages are often based on how much they cost the plaintiff. A significant factor in many economic damages calculations is medical bills. Whether you experienced severe or minor injuries, your medical bills might be expensive. Those facing long-term medical needs might incur astronomical hospital bills. In addition to medical bills, you might have to pay to repair or replace property that was damaged during the accident. This might be something as large as a damaged vehicle after a crash or smaller personal items. Either way, these costs should not be overlooked. If your injuries make returning to your job difficult or impossible, you might lose income. Our personal injury attorneys will help you estimate how much income you have lost and might continue to lose.
Non-economic damages are a bit trickier as they are more subjective and tend to revolve around your personal experiences. As such, they are unique to you. You might claim non-economic damages for humiliation if the accident was especially embarrassing. You may claim your physical pain and emotional distress or trauma from the accident. If your injuries have long-term complications that affect your quality of life, you may claim your loss of enjoyment of your life.
Punitive Damages
Punitive damages are rare, but they may be significant if and when they are awarded. They are meant to punish defendants for extremely bad behavior, and ordinary negligence common in most injury cases is not enough to warrant punitive damages.
According to 735 I.L.C.S. § 5/2-1115.05(b), plaintiffs may only be awarded punitive damages if they prove by “clear and convincing evidence” that the defendant caused their injuries with an evil motive, a reckless or outrageous indifference to a highly unreasonable risk of harm, or a conscious indifference to the rights and safety of others. The clear and convincing evidentiary burden is not easy to meet, and we will need plenty of strong evidence if we want to prove your claims for punitive damages.
Punitive damages might be off the table if your injuries are related to medical malpractice. Punitive damages are unavailable in medical malpractice claims but may be available in other injury cases.
Statutory caps on punitive damages in Illinois were deemed unconstitutional by the Illinois Supreme Court in the 1997 case of Best v. Taylor Mach. Works. While no limit is imposed by law, punitive damages are not completely unlimited. If awarded, they must be proportional to the facts of the case. A case involving more severe injuries and more outrageous behavior by the defendant will likely warrant a higher punitive damages award. The judge may reduce excessive awards.
How Long Do Personal Injury Cases in Hanover Park, IL Usually Last?
One of the most daunting parts of an injury case is the time commitment. Many people hesitate to initiate legal action because they fear entering a long-term legal battle. While some cases last for quite some time, this is not always the case. Discuss your concerns with a lawyer, and they can advise you on how long your case might take.
Many cases take at least several months to complete. Often, the parties need this time to review evidence, develop legal strategies, and communicate with one another about how to move forward. When the parties are more willing to cooperate, the case will likely move faster. However, cases can sometimes slow down due to scheduling issues or someone refusing to cooperate.
If you truly want to get compensation as quickly as possible and avoid a lengthy trial in court, talk to your attorney about a possible settlement agreement. Depending on your situation, the defendant might agree to pay a settlement that covers at least some of your damages in exchange for you dropping the case. If this sounds like a good idea, your lawyer can work to get you the best settlement possible.
Contact Our Hanover Park, IL Personal Injury Attorneys to Begin Your Case
For a free, private evaluation of your claims, contact our personal injury attorneys at the Rhatigan Law Offices by calling (312) 578-8502.
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