In most Illinois personal injury cases, there are no caps on the amount of compensation you can recover. That means victims can generally pursue the full value of their losses, including both economic and non-economic damages. However, there are a few important exceptions to this rule where there are caps, and knowing what they are can make a significant difference in the outcome of your claim. Make sure you consult an experienced Chicago personal injury attorney for legal guidance.
Illinois once had strict limits on damages in certain types of cases, such as medical malpractice. However, the Illinois Supreme Court has struck down these laws as unconstitutional, reasoning that they interfere with the right to a jury trial. As a result, for most claims, including those based on car accidents, there is no legal maximum for the damages a jury can award. A car accident attorney in Chicago can help you navigate damages.
What Types of Damages Are Available in Illinois?
Before looking at the exceptions, it’s important to understand what kinds of economic and non-economic damages might be awarded in a personal injury case. Illinois law allows three main categories:
- Economic damages, which cover measurable financial losses, such as medical bills, property damage, and lost wages.
- Non-economic damages, which compensate for intangible losses like pain and suffering as well as loss of quality of life.
- Punitive damages, which are intended to punish a defendant for particularly reckless or malicious conduct.
There are no caps on either economic or non-economic damages in ordinary personal injury cases. However, note that punitive damages are typically capped under state law and can only be awarded in specific situations.
Exceptions: Where Damage Caps Do Exist in Illinois
Although most personal injury claims are not restricted by damage caps, Illinois does place limits on certain types of cases:
Punitive Damages
Punitive damages are tightly controlled in Illinois. For example, state law prohibits them entirely in most medical malpractice cases. In other personal injury cases, punitive damages cannot exceed three times the amount of compensatory damages awarded by the jury.
Claims Against the Government
If your injury claim involves a state or local government agency, the Illinois Court of Claims Act limits the amount of compensation available. Currently, damages against the state are capped at around $2.5 million per occurrence, regardless of how severe the injury is or how many victims there are.
Why This Is Good News for Most Accident Victims
The absence of general damage caps in Illinois means that injury victims can pursue full compensation for their physical, emotional, and financial harm. This system allows juries to determine a fair amount based on the specific facts of each case rather than an arbitrary legal limit.
However, because your potential recovery can be substantial as a result of this framework, insurance companies and defendants work hard to minimize their liability however possible. That makes having a personal injury lawyer on your side to help you level the playing field especially important.
Contact a Trusted Illinois Personal Injury Attorney With Meyers & Flowers
If you’ve been injured in Illinois, you likely have the right to recover the full value of your losses. While most cases don’t face statutory caps, exceptions do exist for certain kinds of claims.
A knowledgeable personal injury attorney with Meyers & Flowers can explain how Illinois law applies to your specific situation and help you pursue as much compensation as the statutes permit. Call (630) 232-6333 today or message us online to get started with a free consultation.