Does Illinois Have Damage Caps on Personal Injury Cases?

If another person has injured you, you probably want to be fully compensated. However, what if your state has damage caps on personal injury cases?

Personal Injury Damages, Generally

Compensation for the following types of damages may be available in personal injury case: economic and non-economic.

Economic damages include actual, out-of-pocket expenses that may be fairly easy to pin down. For example, let’s say you broke your ankle in a store. It would be reasonable to expect the store to pay for your medical bills. Other economic damages include:

  • Future medical expenses
  • Past and future lost wages
  • Household services required because of your injuries
  • Losing the ability to work

Non-economic damages may be more difficult to determine. These are the non-monetary costs to you like:

  • pain and suffering,
  • loss of enjoyment of life,
  • anxiety, and

You may not have a bill for ‘pain and suffering.’ However, seeing a doctor for insomnia or depression caused by your accident could help prove your non-economic damages.

Compensation That May Be Available

Many cases settle before trial. However, between the time you filed your lawsuit and the trial date, your attorney will be assembling proof to back up your claims. This proof will help determine how much compensation you will receive.

For example, you may want compensation for your medical bills, pain and suffering, and lost wages. But are there any limits to how much you can receive?

Damage Caps on Some Cases

Some state laws impose ‘damage caps’ on personal injury compensation. This type of law limits your compensation, usually for certain damages. Pain and suffering, for example, are often capped at a specific dollar amount.

Fortunately, Illinois state law does not impose any damage caps for most personal injury cases. Although the legislature has enacted damage cap laws, the Illinois Supreme Court has ruled them unconstitutional.

However, damage caps against the state are an exception. Claims against the state are capped at $100,000 except when state-owned vehicles are involved.

Will Illinois Damage Caps Affect Your Personal Injury Case?

Talk with Osvaldo Rodriguez, an Illinois personal injury lawyer for an honest assessment of your case. Your case will receive the personal attention it deserves. Schedule a free consultation by calling us today at 708-716-3441 or by completing the form on our Contact Us page.

Osvaldo Rodriguez speaks Spanish and English. We represent clients throughout the state of Illinois, including Chicago, Addison, Bellwood, Bensenville, Berwyn, Chicago, Cicero, Elmwood Park, Franklin Park, Maywood, Melrose Park, Northlake and Cook, DuPage, Will, and Kane Counties

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