• Personal Injury
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Personal Injury Damages

Helping Accident and Injury throughout Illinois

When a person is injured by another, the responsible party may be liable for those injuries in a personal injury lawsuit. At the Law Office of Kenneth A. Fishman, P.C., our Chicago personal injury lawyers are dedicated to seeking maximum recovery for the victims of accidents and injuries caused by the negligence of another party. Because we focus on complex personal injury cases, we are able to give our clients the time and attention that they deserve and dedicate our efforts to obtaining a full and fair recovery for our clients.

If you have been in a personal injury accident, do not hesitate to contact the Chicago personal injury lawyers at the Law Office of Kenneth A. Fishman, P.C. at (312) 346-8990 to schedule a free consultation to learn more about personal injury damages that may be recoverable.

How Are Personal Injury Damages Calculated?

Personal injury damages are calculated by taking into account a number of factors, including the specific legal claim, the circumstances of accident, the victim’s injuries and the laws of the jurisdiction involved. Some states follow a comparative negligence model to assess liability and damages.

Illinois uses the modified comparative fault model of damage assessment, whereby personal injury damages are calculated based on how much a party is at fault for an accident. In other words, if a defendant is at least 51% at fault for a personal injury accident, the plaintiff will not be obligated to pay damages to the defendant even if the plaintiff was partially responsible for the accident.

Very few states follow the contributory negligence model, which allows a defendant to avoid liability entirely if the accident’s victim was negligent and contributed to the accident in any way.

Personal injury damages may include the following compensatory damages, which are intended to reimburse an injured person for his or her losses, both financially and physically:

  • Past and future medical expenses
  • Lost wages
  • Loss of future income
  • Household services
  • Pain and suffering
  • Loss of enjoyment of life
  • Permanent disability
  • Disfigurement
  • Property damages

Some personal injury claims – such as tobacco litigation, hazardous products, and medical malpractice – also allow a victim to recover punitive damages, which, unlike compensatory damages, are intended to punish the wrongdoer and deter others from engaging in similar conduct in the future.

Some portions of a personal injury damage award, such as medical expenses and lost wages, are relatively easy to determine through an income assessment and medical receipts. Other expenses, however, like pain and suffering, are much more difficult to calculate, with the calculation left to a judge or jury’s discretion on what is fair and just.

Act Now to Protect Your Rights

At the Law Office of Kenneth A. Fishman, P.C., our Chicago personal injury attorneys are committed to getting our clients maximum personal injury damages. Because we offer contingent fee arrangements, you don’t pay legal fees unless you obtain financial compensation. Contact the Law Office of Kenneth A. Fishman, P.C. at (312) 346-8990 to schedule a free consultation with one of our dedicated Chicago personal injury lawyers.