Non-economic Damages in Illinois Car Accident Claims
A car accident can cause more than just physical injuries and property damage. Those involved are often left with lingering pain, suffering, and emotional distress from the trauma of what they experienced. In Illinois, financial compensation can be paid to a car accident victim for these losses, which are collectively known as “noneconomic damages.”
What Are Noneconomic Damages?
In personal injury law, noneconomic damages refer to the intangible losses suffered by the victim because of the accident in question. They are also referred to as nonpecuniary or special damages, as well as simply “pain and suffering.”
Non-economic damages in a car accident claim can include any of the following:
- Disability or disfigurement
- Acute physical pain
- Chronic or lasting pain or discomfort
- Inconvenience
- Emotional distress
- Mental anguish
- Psychological trauma or PTSD
- Anxiety or depression
- Grief or mourning
- Loss of consortium or affection
- Loss of enjoyment of life
The opposite of non-economic damages is economic damages, which describe tangible losses. Economic damages can reimburse a car accident victim for financial losses that have a specific monetary value, such as medical bills and property repair costs.
How to Prove Non-economic Damages in a Car Accident Claim
If you need to file a car accident claim in Illinois, you will bear the burden of proof as the plaintiff or filing party. This means it is up to you or your car accident lawyer to prove the truth of what you are claiming. The evidentiary standard that must be met is “based on a preponderance of the evidence,” or more likely to be true than not true.
It can be difficult to prove non-economic damages, as they are invisible and do not come with bills and receipts like economic damages. Proving a pain and suffering claim takes other types of evidence, such as an injury journal where you describe your daily experience and any pain you are feeling.
Something you can do to strengthen your non-economic damage claim is to seek counseling or therapy for any negative mental health effects you are experiencing. Talking to a professional can not only help with your healing journey but also provide documentation showing that you are struggling and actively seeking care to improve your well-being. This can serve as evidence during your insurance claim.
Is There a Cap on Non-Economic Damages in Illinois?
No, Illinois does not have a cap or limit on the amount of financial compensation a car accident victim can receive in non-economic damages. In 2010, the Illinois Supreme Court ruled that damage caps as unconstitutional. However, the comparative negligence law (735 ILCS 5/2-1116) could reduce a victim’s payout by the amount of fault assigned to the victim for the crash.
How a Car Accident Attorney in Illinois Can Help
Hiring an experienced car accident lawyer to represent you during a car insurance claim can significantly improve your odds of recovering fair compensation for all of your damages, both economic and non-economic.
Your attorney can accurately evaluate your claim, take over settlement negotiations to fight for a fair amount, build a strong case using persuasive evidence, and go to trial, if needed. You can count on your attorney to fight for a fair case outcome while you focus on healing.