What Kind of Compensation Can I Recover in a Chicago Personal Injury Case?
Accidents happen all the time. Whatever type of accident you’re involved in, you’ll be left trying to pick up the pieces of your life afterward.
However, whether you were injured in a car crash, a slip and fall, or something more serious, you probably have one big question on your mind: What is this going to cost me?
The truth is, a personal injury can affect every part of your life. You might be dealing with hospital bills, missed work, or long-term pain. You may not even realize the full impact yet.
That’s why it’s so important to understand what kind of compensation you can recover in a personal injury case, and how to make sure you’re getting everything you’re entitled to under Illinois law.
Let’s walk through the types of damages you can pursue, how they’re calculated, and why working with a Chicago personal injury lawyer can help you recover more than you might expect.
Two main types of damages: Economic and noneconomic
In a personal injury case, the money you’re seeking is called damages. These fall into two main categories:
- Economic damages are the financial losses you can calculate, like the cost of medical care.
- Noneconomic damages are the personal, intangible losses that don’t come with a receipt.
Let’s break each one down.
Economic damages: The tangible costs of an injury
These are the expenses and losses you’ve had or will have because of the accident. They’re usually proven with bills, pay stubs, or expert testimony, and they include the following:
1. Medical bills
This includes past, current, and future medical costs related to your injury:
- Emergency room visits
- Hospital stays
- Surgeries
- Doctor appointments
- Physical therapy
- Prescription medications
- Medical devices or equipment
- In-home care or long-term rehabilitation
Even with insurance, these costs add up fast, and some injuries require treatment for months or years.
2. Lost wages
If your injury forced you to miss work, you may be entitled to recover the income you lost. This can include:
- Missed hourly or salaried pay
- Lost tips, commissions, or bonuses
- Sick days or vacation time, you were forced to use
You can also claim future lost income if your injury affects your ability to return to work or earn at the same level as before.
3. Loss of earning capacity
If you can’t return to your job or need to take a lower-paying one because of your injury, you can recover the difference in your lifetime earning potential.
This usually requires expert analysis, but it can add significant value to your case, especially if you’re young or in a specialized field.
4. Property damage
In cases like car accidents, you can also claim the cost to repair or replace your vehicle and any personal property that was damaged (like a phone, laptop, or clothing).
Noneconomic damages: The personal side of the injury
Not every injury-related loss shows up as a printed bill. Noneconomic damages cover the physical and emotional toll your injury has taken on your life. They’re harder to quantify but just as real.
1. Pain and suffering
This refers to the physical pain and discomfort the accident caused or is continuing to cause you to experience. It includes both short-term and chronic pain, as well as the impact of surgeries, medication, and rehab.
2. Emotional distress
Injuries often come with mental and emotional fallout, like anxiety, depression, PTSD, sleep problems, and mood changes. These can disrupt your relationships, your career, and your quality of life.
3. Loss of enjoyment of life
If you can no longer do things you used to love, like playing sports, caring for your children, or even just walking without pain, you can be compensated for that loss.
4. Disfigurement or disability
If your injury left you with scarring, permanent impairment, or loss of a limb or function, you may be entitled to compensation for the impact it has on your daily life and self-image.
5. Loss of consortium
This refers to the loss of companionship or intimacy with a spouse or partner. In Illinois, a spouse can sometimes bring a separate claim if your injury has affected your relationship.
How are these damages calculated?
Economic damages are based on documentation (bills, records, pay stubs, and expert projections).
Noneconomic damages are more subjective. Your lawyer may work with medical experts, mental health professionals, and even family or coworkers to show how your life has changed.
Insurance companies may use formulas or multipliers (like 1.5 to 5 times your medical bills) to estimate pain and suffering. But that doesn’t mean they’ll offer what’s fair. In many cases, they’ll lowball you or offer a small set amount. After all, they’re in business to make money, not to pay it out. Your lawyer will likely need to put pressure on them to get them to make a fair offer.
What about punitive damages?
Punitive damages are sometimes available in rare cases when a party acts intentionally or recklessly. These damages aren’t a form of compensation. Instead, they’re meant to punish wrongdoers and send a message so that others think twice before doing something similar.
For example, if you were injured by a drunk driver with a history of DUI arrests, the court may award punitive damages on top of your economic and noneconomic damages.
How a lawyer helps you maximize your recovery
Here’s the truth: the value of your case goes beyond what happened. It lies in what you can prove. Some of the steps we take at Gainsberg Injury and Accident Lawyers include:
- Investigating the accident and gather the evidence of fault
- Calculating the full value of your damages, including past and future costs
- Negotiating aggressively with insurers that try to minimize your claim
- Taking your case to trial if we can’t reach a fair settlement
Every case is unique; let’s talk about yours
There’s no one-size-fits-all answer to how much compensation you can recover in a personal injury case. It depends on the severity of your injury, how it’s affected your life, and who’s responsible.
But one thing’s for sure: you deserve more than just your medical bills paid.
At Gainsberg Injury and Accident Lawyers, we’re committed to helping injury victims across Chicago and Illinois get the compensation they’re owed. We work on contingency, which means you don’t pay anything unless we win. If you’ve been hurt and you’re not sure where to start, contact us for a free consultation.
Attorney Neal Gainsberg has spent the last 20+ years fighting to protect the rights of the injured in Chicago and throughout Illinois. For dedicated legal help with a personal injury, car accident, or wrongful death matter, contact Gainsberg Injury and Accident Lawyers in Chicago for a free consultation.