Guide to Types of Personal Injury Damages in Illinois

From hospital bills to emotional harm, learn what compensation you may be entitled to after an injury in Illinois

An Illinois personal injury lawsuit is your legal recourse if you were injured by someone else’s negligence. Although many injuries and losses can’t be healed with money, it can be one less thing to worry about if your related costs are compensated. Damages is the legal term that describes the money you can receive from a personal injury lawsuit.

You might see news stories about lawsuits that boast, “Woman receives $5 million verdict for slip-and-fall injury,” or similar—and when it sounds like a lot of money, that’s because it is. But when you really figure out how much an injury costs for various aspects of the recovery, lost wages, and future expenses, it’s not the windfall you might expect. Rather, it’s a careful accounting of what the plaintiff (injured person) needs to become whole. 

The concept behind personal injury law is to make the injured person whole. That means the courts aim to restore them to the financial condition they would be in if the accident hadn’t happened. 

This is why it’s crucial to have a skilled, experienced Illinois personal injury lawyer. You might have conscientiously maintained meticulous records of every bill and payment related to your injury thus far, but it’s very difficult for a layperson to anticipate future medical costs, future lost wages, and other anticipated expenses. Your lawyer will work with medical experts, financial professionals, and others to determine exactly what your future needs will be—and that’s what you’re entitled to receive. There are likely some costs that you’re entitled to receive that you might not even realize are related to your injury. 

Damages are money. But how the money is calculated is based on the types and value of your losses.

Types of damages in an Illinois personal injury lawsuit

There are three primary types of damages for an Illinois personal injury lawsuit:

1. Economic (special) damages
2. Non-economic (general) damages
3. Punitive damages

Economic damages

Economic damages (also called “special damages”) compensate an injured person for quantifiable financial losses resulting from the injury. 

This includes:

• Medical expenses, like hospital visits, surgeries, physical therapy, prescription medication, prosthetics, diagnostics like X-ray or MRI, etc. 
• Future medical expenses
• Lost wages from your time out of work recovering from the injury or for related medical procedures and doctor visits.
• Loss of earning capacity, which is if your injury permanently affects the ability to work or earn the same amount you were able to make before your injury. 
• Property loss or damage, such as a vehicle being damaged or totaled in an accident.

These are quantifiable because you can produce receipts, bills, and other documents that show exactly how much they cost. Even future costs can be quantified by actuarial or medical experts.

Non-economic damages

Non-economic damages are also known as “general damages.” This is compensation for losses that are subjective (i.e. intangible) and harder to calculate, but there are methods for determining their value. 

Non-economic damages include:

• Pain and suffering, such as physical discomfort and emotional distress caused by the injury. 
• Loss of enjoyment of life, which is being unable to participate in activities you previously enjoyed. For example, if you’re an athlete who plays in sports leagues or teams (not professionally, but as a hobby) and you’re no longer able to play, this would be considered loss of enjoyment of life. It can also be related to how you interact with your children, if you’re no longer able to care for them in the same way, loss of vision or hearing, or other ways it affects your daily life. 
• Emotional distress, like anxiety, depression, sleep disturbances, trauma, post-traumatic stress disorder (PTSD), or other psychological effects. 
• Loss of consortium, which is a lawsuit by someone other than the injured person for losses related to the impact the injury has on the relationship; it’s a loss of affection, companionship, and love. This is usually a spouse, child, or parent. 
• Disfigurement or disability, such as permanent scarring, amputation, or loss of bodily function.

Illinois does not have a standard formula to calculate the value of non-economic damages; the judge or jury determines this. 

However, there are two methods for calculating a reasonable amount for consideration of non-economic damages in Illinois:

• The multiplier method
  
  This calculates the total economic damages (medical costs, lost wages, etc.) and multiplies that amount by a “multiplier” to determine non-economic damages. The multiplier is a number between 1.5 and 5. It varies based on the severity of the injury and the amount to which it affects the victim’s life.
  
• Per diem method
  
  The per diem method assigns a value per day for the victim’s pain and suffering. It multiplies that value by the number of days the victim is anticipated to endure pain and suffering (i.e. it could be until anticipated full recovery, or for their lifetime, depending on the nature of the injury). If the daily value is $500 and the court expects the person to suffer for five years—1,826 days—then the total for non-economic damages using this method would be $912,500.

How does the court determine the multiplier or the daily value?

There are several factors that influence this determination:

• Severity of the injury. The more severe the injury, the higher the value of non-economic damages. 
• Evidence. This includes medical records, witness testimony, and other variables that support the victim’s claims. 
• Impact on the victim’s daily life. This relates to the extent to which the injury affects the person’s ability to participate in their previous activities, work, and maintain relationships with others. 
• Length of the recovery. If the recovery period is longer, or there’s need for extensive and ongoing therapies, the value of pain and suffering damages can increase. 
• Emotional distress. This encompasses a range of psychological impacts, each of which contributes to the value of non-economic damages. 
• Comparative fault. An injured person in Illinois could have their damages reduced if they are found partially at fault for their own injury.

Punitive damages

Punitive damages are added to the economic and non-economic damage awards. They are intended to punish the defendant, and to deter the defendant or similar actors from doing the same thing that caused the injury in the first place. 

In other words, they are not meant to compensate the victim, but to deter future misconduct.

Punitive damages are awarded only if the defendant’s conduct was willful, malicious, fraudulent, or extremely reckless—such as a drunk driving crash or intentional assault. Punitive damages are rare in Illinois.

Damage caps in Illinois

There are no damage caps (maximum compensation amounts) for Illinois personal injury claims. There could be limits on punitive damages; these are evaluated on a case-by-case basis. Punitive damages should be proportional to the amount of the combined economic and non-economic damages.

How can you determine how much your case is worth in Illinois?

You can use the formulas above to try to determine the value of your case. You can also use this personal injury calculator to get a ballpark figure, which can be helpful if you’re deciding if it’s worthwhile to pursue a lawsuit.

If you’ve been seriously injured in Illinois due to another party’s negligence, understanding the types of damages available can help you pursue full and fair compensation. Every case is different, so it’s important to speak with an experienced Illinois personal injury attorney to assess the value of your claim and determine what damages you may be entitled to receive.