Illinois law allows you to recover for your personal injuries through several avenues. These avenues of recovery are known as the elements of your damages. These avenues are pain and suffering, medical bills, loss of normal life, and lost wages.
Illinois law allows you to recover for your personal injuries through several avenues. These avenues of recovery are known as the elements of your damages. After you have been injured in car accident, slip and fall, dog bite, on the job injury or other personal injury, you may have soft tissue injuries to your neck and back. You may have broken bones or cuts and scrapes. In the worse cases of course, there may be even be death or dismemberment. You may incur medical bills because of these injuries. The medical bills are part of your claim of injury or your damages. These medical bills are often referred to as ‘specials’ within the insurance industry. Medical bills are part of your potential recovery against the wrongdoer.
A second element of potential recovery is lost wages or lost time from work. This includes salaried employees and those that work for an hourly wage. When you have sustained a personal injury, if you have to miss work or work part-time, you may be able to recover these damages against the person that caused the accident.
Your right to recover against the wrongdoer may also include the element of pain and suffering. Pain and suffering is more amorphous than medical bills or lost wages. Medical bills and lost wages are the portion of your personal injury claim that are easy to calculate because each involves numbers that can be summed up. Pain and suffering may be a multiple of the medicals bills or other number assigned by a computer program used by an insurance adjuster. Whatever the methodology, pain and suffering is an attempt to compensate you for the time that you are in pain after an accident. This element can also be described as disability. Despite the difference in terminology, “pain and suffering” and disability are terms used to describe how your life was affected by the accident and your ability to carry out your activities of daily living. Activities of daily living include shopping, taking care of children, driving, getting dressed and caring for yourself, by way of examples.
In more severe cases there may be the element of permanency to the case. Do you have a permanent injury diagnosed by a doctor? Will you continue to suffer pain years after the accident caused your injury? Maybe you have a permanent scar or deformity. These injuries may be compensable as permanent.
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