How Illinois Defines a Personal Injury
Some states limit personal injury to actual physical damage and do not include emotional distress as being classified in the personal injury category. That is not the case in Illinois. The state of Illinois allows inclusion of emotional distress as well as physical damage and does not necessarily need to be work or accident related. The differences according to Illinois statutes is based in personal body and personal property. Property liability is generally self-explanatory, but personal injury is more extensive. There is no limit on the number of liable parties.
PHYSICAL INJURY
Negligence claims for physical injury are normally based in established liability and medical evidence of physical injury resulting from negligence. Negligence is defined as a responsible party’s failure to act in manner to ensure a reasonable standard of care. Physical bodily injury can include personal illness and psychological trauma in addition to obvious physical evidence. Most states classify this liability in a different damages category, but Illinois has modified typical injury prosecutions. That is why it is critical to hire a personal injury lawyer that is licensed and experienced in legal protocol for the state.
EMOTIONAL INJURY
Emotional injury can be more difficult to prove, as it is the responsibility of a claimant’s personal injury attorney to demonstrate liability and negligence on the part of the defendant. These claims are normally based in medical evidence and allow the defendant or a responsible insurance company ample latitude for legal argument. It is important to find an experienced personal injury attorney to make sure that the claims are difficult to disprove by opposing counsel. Remember that doctors are considered experts in legal determinations and the court can readily accept the physician’s testimony as factual and difficult to contest.
DAMAGES
Most states classify damages as compensatory and punitive. Illinois has distributed the damage possibilities in a modified format and it is important to understand the differences. Compensatory damages are usually awarded on actual discreet dollar amounts. They can include loss of future wages as well as other immediate financial loss. Punitive damages are intended to serve as punishment and deterrent to another actor that may liable for the same claims in the future. Punitive damages are designed to send a message as well as compensate.
Illinois has changed the classification of damages to general and special. General damages in Illinois include the aspect of pain and suffering and can allow for an increased damages award without exactly addressing punitive court action against the defendant. They include future problems stemming from the injury as a general claim.
Special damages are the awards that address actual financial loss, including future financial loss. Illinois has essentially established compensatory damages in two groups, giving punitive damages a better functionality as a deterrent.
Peter Wendt is a writer and researcher specializing about Willens Law. For readers who are interested in learning more about this subject, Peter recommends they check out WillensLaw.com.