If you have been injured in a construction accident, you may be thinking about pursuing a claim against the at-fault parties. While you believe you could be reimbursed for medical bills and other out-of-pocket expenses, can you obtain compensation for the personal discomfort and emotional distress associated with your injury, also known as “pain and suffering”? GWC explains how “non-economic” damages may be considered in construction accident cases.
Pain and Suffering May Be Compensable
There are two main categories of damages evaluated in personal injury claims, including those involving construction accidents: “economic” and “non-economic.” Economic damages are the direct financial costs related to an injury, such as medical bills. Non-economic damages, such as pain and suffering, are more subjective and do not come with a specific price tag.
How do you calculate non-economic damages? While other states may impose caps on how much a plaintiff may recover, there are technically no limits on the amount of compensation available for pain and suffering under Illinois law. In fact, the Illinois Supreme Court has ruled that capping non-economic damages is unconstitutional.
Nevertheless, Illinois does limit claims against the state to a maximum of $2 million. Additionally, the state’s “modified comparative negligence” rule bars recovery when the plaintiff is more than 50 percent responsible for the incident. Even when financial compensation is not barred, the damages could be reduced in proportion to the degree of fault attributable to the plaintiff.
In all other situations, pain and suffering may be considered when calculating non-economic damages in a construction accident case.
Helping Construction Accident Victims in Illinois
Every construction accident case is different, so determining the appropriate compensation for pain and suffering remains challenging. To help maximize the value of your claim, consider doing what so many other injured victims have done before you and reach out to the construction accident attorneys at GWC Injury Lawyers LLC.
With more than $2 billion recovered in verdicts and settlements, GWC is one of the leading Personal Injury and Workers’ Compensation law firms in Illinois. Because of our especially strong record of success with construction accident cases and our deep relationships with all major building trade unions, GWC has frequently been called “the construction accident law firm.” Our construction accident attorneys have the experience and the comprehensive knowledge of the relevant laws, regulations, and practices of the construction industry necessary to get you and your family the justice you deserve.
Contact GWC today to schedule a no-cost, no-obligation case evaluation with a construction accident attorney. You may call our office at (312) 464-1234 or click here to chat with a representative at any time.<< BACK TO BLOG POSTS