If you have been wrongfully injured by a truck, you may be thinking about pursuing a personal injury claim. While you believe you could be reimbursed for medical bills and other expenses, what about the personal discomfort and emotional distress inflicted by an injury? You might wonder, “Can I be compensated for pain and suffering in a truck accident?” As GWC explains, recovery may be available for non-economic damages in Illinois.
Illinois Permits Compensation for Pain and Suffering
In most cases, two types of damages may be evaluated in a personal injury claim: economic and non-economic. Economic damages are the direct expenses related to an injury, such as medical bills. Non-economic damages are the more subjective costs of an injury that do not come with a specific dollar amount attached, like pain and suffering.
How do you calculate non-economic damages in a truck accident? Technically, Illinois does not restrict how much a personal injury victim may receive for losses like these. While certain states limit this type of compensation, the Illinois Supreme Court has found caps on non-economic damages to be unconstitutional.
Nevertheless, some exceptions remain. Illinois law does limit financial recovery for claims against the state to a maximum of $2 million. Additionally, the “modified comparative negligence” rule bars compensation if an Illinois plaintiff is more than 50 percent responsible for the incident in question. When recovery is not prohibited, the damages may still be reduced in proportion to the percentage of fault that can be attributed to the plaintiff.
In all other scenarios, multiple elements may be considered when calculating the value of non-economic damages, including pain and suffering.
Let a Truck Accident Attorney Help You
Regardless of the law, the subjectivity of pain and suffering and other non-economic damages still make them easy targets for strong opposition from defense attorneys and insurance companies. For this reason, accident victims often benefit from having a knowledgeable attorney on their side, such as the truck accident attorneys at GWC Injury Lawyers LLC.
With over $2 billion recovered in verdicts and settlements, GWC is one of the premier Personal Injury and Workers’ Compensation law firms in Illinois. We command more respect – and more fear – from our adversaries than any other plaintiff firm in the state. Our truck accident attorneys have the experience, the determination, the resources, and the reputation needed to help get you and your family the justice you deserve.<< BACK TO BLOG POSTS