If you have been hurt in a motorcycle accident because of someone else’s negligence, you may be considering a personal injury claim against the at-fault party. You imagine that you could obtain compensation for medical bills and other direct expenses, but what about “pain and suffering,” the personal discomfort and emotional distress caused by an injury? You could find yourself wondering, “Can I be compensated for pain and suffering in a motorcycle accident?” As GWC explains, you can seek recovery for non-economic damages like pain and suffering in Illinois.
Pain And Suffering Is Compensable In Illinois
There are usually two types of damages that are assessed in a personal injury claim: economic damages and non-economic damages. Economic damages are out-of-pocket 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 price tag, including pain and suffering.
How are non-economic damages evaluated in economic terms in a motorcycle accident? Strictly speaking, Illinois law does not limit the amount that a personal injury victim may receive for pain and suffering and other non-economic damages. While some states impose caps on such compensation, the Illinois Supreme Court has specifically ruled that limits on these types of damages are unconstitutional.
Nevertheless, Illinois does restrict financial recovery in claims against the state to a maximum of $2 million. Furthermore, the state’s “modified comparative negligence” rule prohibits compensation if the plaintiff is more than 50 percent responsible for the injury. When recovery is not barred, the damages may be reduced in proportion to the degree of fault attributable to the plaintiff.
In all other cases, however, multiple relevant factors may be taken into consideration when assigning a value to non-economic damages in a motorcycle accident, including pain and suffering.
How A Motorcycle Accident Attorney Can Make A Difference
Because it remains difficult to calculate damages for pain and suffering, many motorcycle accident victims seek out the assistance of a knowledgeable attorney to help them obtain fair compensation, such as the motorcycle accident attorneys at GWC Injury Lawyers LLC.
With more than $2 billion recovered in verdicts and settlements, GWC is one of the premier Personal Injury and Workers’ Compensation law firms in Illinois. Our motorcycle accident attorneys have the experience, the determination, the resources, and the reputation necessary to get you and your family the justice you deserve.
Contact GWC today to schedule a free, no-obligation consultation with a motorcycle accident attorney. You may call our office at (312) 626-9154.