Jasmine Birtles
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What Damages Can You Sue for in an Injury Case?
Moneymagpie Team
22nd Dec 2023
During your life, you’re bound to encounter some mishaps and misfortune, including injuries and occasional accidents. These incidents can vary in severity and scope, but they’re often simply due to being in the wrong place at the wrong time or simply being the recipient of bad luck. However, some injuries are the result of someone else’s negligence. You could be on the unfortunate end of deliberate mistreatment. In these situations, you may be entitled to compensation to help pay for your injuries. You may be able to seek other damages, too.
The spectrum of damages available in Illinois personal injury lawsuits can be broad. You must first be able to show that another party is responsible for the accident and the injuries you suffered. The injuries must also be serious. A personal injury attorney can help you build a case and sue for damages to help you recover physically and emotionally from a difficult experience.
- Medical Bills You Have Paid
- Future Medical Care
- Lost Wages With Your Job
- Diminished Earning Capacity and Lost Future Earnings
- Property Damage and Costs
Medical Bills You Have Paid
There are many types of accidents common in personal injury cases. Some of those that an attorney frequently handles include car accidents, dog bites, slip-and-fall incidents, workplace accidents, and medical malpractice. In all of these, the injuries can require extensive care and treatment to address the victim’s needs. If you have been injured in an accident such as these, you may have spent a significant amount of money on medical attention. You may be able to sue for damages to recover the money you have paid to providers.
First, you can claim damages for out-of-pocket costs with hospital visits and any treatment, surgeries, or other stays you have had there. Your compensation in an injury case may also include what you have paid for medication to treat your injuries and for medical equipment you are required to use. You can also claim doctor’s office visits and the cost of rehabilitation. If you have had to travel a lot to get to doctor’s appointments and seek other medical care, you may be able to claim the costs associated with this travel as well.
Future Medical Care
One of the challenges and difficulties you could face following an accident is how life-altering the injuries can be and how long the recovery can take. Not only can you seek damages for the immediate care you have needed following an accident, but you may sue for future medical costs. This may be the case if the injuries are permanent and have left you disabled. If care will be ongoing or long-term, you may need treatment, medication, and other attention going forward, even for the rest of your life. These costs can also be part of your lawsuit and the compensation you seek.
Lost Wages With Your Job
It is not uncommon for people in the workplace to miss time on the job due to accidents and injuries. For these occasions, employees can seek benefits like disability or even personal paid leave. If the injury occurs on the job, workers’ compensation should be available to help pay for not only the cost of care but also the employees’ wages. However, for additional compensation, or if there are issues with the other options, you should speak to a personal injury lawyer about suing for damages for lost wages. If you lost money for not being able to work, you may be able to recover these payments. This can be especially helpful for part-time workers without paid sick or vacation leave as part of their jobs’ benefits.
In addition, if you had to take personal leave, you may be able to get compensation. If you have missed work time, an attorney can review your paychecks to determine how much you are entitled to receive.
Diminished Earning Capacity and Lost Future Earnings
Even more significant than lost earnings can be the inability to work in the future due to your injuries. If the injuries are severe enough, you may not be able to return to your job and perform your regular duties. An accident might make it impossible to work at all, or you may have to take a position that requires different tasks but pays less. If you have diminished earning capacity or cannot work any longer, your economic situation could be in peril. Fortunately, you may be able to sue for damages to address these concerns.
Determining how much you are entitled to for the loss of earning capacity or loss of future earnings, the court will look at several factors. You and your attorney can prove your case by showing how much you are likely to earn in your career over a certain number of years you would have worked had you been able to. You can also sue for lost retirement income or a pension—benefits you may otherwise lose for having to leave your employment early.
For lost future earnings or diminished earning capacity compensation, the court may award you in a few different ways. You may receive a lump-sum payout, or the payments could come periodically.
Property Damage and Costs
Though your injuries might be the most difficult consequences to manage, there are other factors as well. You could face steep costs to pay for property damage. This is particularly common in car accidents. In an auto accident, your vehicle could require costly repairs or even be undrivable after the incident. To compensate you for such loss, you can sue for damages.
Illinois has comparative negligence law. This means more than one party can be at fault for the accident. So even if you had a role in causing the accident, the other driver may have responsibility, too. If the other driver’s insurance company does not pay out enough to cover the property damage costs, your lawsuit can help you recover the amount you need.
In a personal injury case, you face some difficult financial challenges in addition to the physical and emotional pain you could suffer. You can sue for damages for various claims and get the compensation you need and deserve.
Disclaimer: MoneyMagpie is not a licensed financial or legal advisor and therefore information found here including opinions, commentary, suggestions or strategies are for informational, entertainment or educational purposes only. This should not be considered as financial or legal advice. Anyone thinking of investing should conduct their own due diligence.
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