In Illinois, motorcycle accident victims can seek economic and non-economic damages. These damages are meant to address the hardships you have endured physically, mentally, and financially because of the collision. There are many specific types of damages within these categories that our firm may be able to help you recover, including:
- Lost wages and employee benefits
- Diminished income potential
- Loss of enjoyment of life
- Damaged property
- Medical expenses
- Pain and suffering, which can encompass post-traumatic stress disorder (PTSD), mental anguish, physical pain, and more
- Day-to-day assistance with disabilities, including medical devices and transportation services
Determining the Value of Your Damages
Adding up the value of your economic damages is relatively self-explanatory. There should be a defined paper trail behind each of your expenses and losses that shows how much they are worth. For example, you should be able to present medical records that explain the injuries you suffered and how much it cost you to treat them.
Meanwhile, non-economic damages are more abstract, so you will have to take additional steps when calculating their value. One approach that law firms often use is called “the multiplier method.” This method involves looking at the broad scope of your non-economic damages and assigning a number to them between 1.5 and five.
The number will be proportionate to the level of suffering you faced. After selecting this number, you multiply it by your economic losses to achieve a new figure that represents your intangible pain and suffering. For example, if you have $15,000 in economic damages and your non-economic losses are rated at a two out of five, the value of your non-economic losses would be $30,000.
Understanding the Impact of Comparative Negligence on Damages
In practice, comparative negligence allows you to recover damages even if you share some of the blame for your motorcycle accident. As described under 735 ILCS 5/2-1116, bearing partial responsibility for an accident does not necessarily cancel out your eligibility for compensation.
However, there are some limits to this rule. Your eligibility for damages is contingent upon you being less than 50% responsible for your injuries—anything over 50% results in a forfeit of your eligibility. The court will determine your exact percentage of involvement after they closely examine all the other contributing factors.
Once a number is established, the percentage gets applied to any judgments you receive, and your financial recovery is reduced accordingly. For example, receiving a $100,000 award with 25% fault could result in a final payout of $75,000.
You Generally Have Two Years to File a Lawsuit for Compensation
As you begin considering your next move, it’s necessary to understand the statutes of limitations, or deadlines, that affect motorcycle accident lawsuits in Illinois. After your accident occurs, 735 ILCS 5/13-202 gives you a two-year window to take legal action.
The deadline for wrongful death lawsuits is also two years under 740 ILCS 180/2. You need to file a lawsuit within the applicable timeframe to maintain your eligibility to sue.
A Motorcycle Accident Lawyer Can Fight for Your Damages
While our attorneys cannot make any guarantees about the outcome of your case, our ultimate goal is to get you the compensation you need. You should be able to focus on the future without worrying about your medical bills and other damages after a collision. We pride ourselves on offering a wide selection of legal services, which includes:
- Proving liability
- Dealing with insurance providers
- Legal counsel
- Civil litigation services
- Settlement negotiations
- Determining case values
Reach Out to Our Attorneys to Discuss Your Case for Free
Here at The Kryder Law Group, LLC, we do not want you to be intimidated by the idea of a lawsuit or an insurance claim. The civil courts are here to help victims like you get the compensation they deserve after an act of negligence. We know you may have many questions at this time, which is why our firm wants to offer you a free consultation today.
To get started, contact The Kryder Law Group, LLC at (312) 223-1700. One of our team members will be standing by to help answer your questions. If you decide to work with us, we can help determine what damages you can collect for a motorcycle accident.