Accidents happen in life, and sometimes they cannot be prevented. But when you are injured because someone else was negligent, you may have legal options. If you suffered a personal injury because of someone’s negligence, you should not have to pay out of pocket for your damages and other losses. You could be entitled to compensation, and our Illinois personal injuries lawyer at Fisk & Monteleone may be able to help you.
What Are Personal Injury Damage Caps?
Some states decide that personal injury victims can only recover so much compensation, called a damage cap. Many damage caps are in place in states across the country, and each one is allowed to pass its own law in this area. Also, the US government has a damage cap for some claims against public employees and entities.
However, at this time, Illinois does not have any damage caps in personal injury cases. But this was not always so. In 2005, the state passed a law limiting medical malpractice cases for non-economic damages (pain and suffering).
But in 2010, the courts decided that the damage cap in 2005 violated the state constitution. Since then, there have not been any caps on any personal injury cases. So, your personal injury attorney can advocate for as much compensation as possible for your economic and non-economic damages.
Illinois Has A Comparative Negligence Law
While there are no limits to settlements for personal injuries in Illinois, be aware that the state has a comparative negligence law. This means that if you were injured in an accident and were partially at fault, your compensation will be reduced by your percentage of liability. You cannot receive damages in a claim or lawsuit if you were more than 50% at fault for the accident.
For instance, if an Illinois jury awards you $100,000 for a Chicago car accident injury and you were found 40% at fault, your award would be reduced by $40,000. The comparative negligence law in Illinois is a potential limiting factor in the settlement funds you receive. So, it is critical to retain an attorney who will fight for the maximum compensation in your case.
Also, just because there are no damage caps in Illinois, this does not mean you will not always obtain maximum compensation for your losses on your own. Insurance companies only have their bottom lines in mind, and if you do not have an attorney fighting for your rights, you can expect to receive a token settlement, if anything. With an experienced personal injury attorney, you will know you have a passionate advocate who will squeeze every possible dollar out of the insurance adjuster.
Contact Our Illinois Personal Injuries Lawyer Today
Being injured in an accident is upsetting, but it can be even worse when another person’s negligence causes much pain and hassle. Contact our Illinois personal injuries lawyers at Fisk & Monteleone. We know how to hold negligent parties and their insurance providers liable for their negligent acts, so call (815) 962-0044 today for a case consultation. Never attempt to handle a personal injury case on your own or you might not get as much compensation as you deserve.