How Are Damages Calculated In Personal Injury Cases?

After an accident caused by negligence, many people immediately wonder how damages are calculated in personal injury cases. Victims and their families want to know what compensation might look like and what factors impact the final number.

Damages in these cases are generally divided into economic and non-economic categories. Economic damages cover direct financial losses such as medical bills and lost wages, while non-economic damages address intangible losses like pain, suffering, and changes to daily life. The total recovery often depends on the severity of the injury, clarity of fault, and how the harm has affected long-term well-being. Because of this, working with an experienced Edwardsville personal injury attorney is an essential step toward protecting your rights and securing a fair outcome. At Walton Telken, we help clients understand how compensation is determined and what recovery may be possible.

How the Law Defines Damages in Personal Injury Claims

In Illinois, damages refer to the compensation awarded to an injured party to restore, as much as possible, their financial and personal well-being after harm caused by negligence. Courts typically distinguish between economic damages that can be calculated with precision and non-economic damages that reflect more subjective losses.

The law aims to balance these categories so victims receive fair compensation that accounts for both measurable expenses and quality-of-life impacts. According to the Illinois Code of Civil Procedure, 735 ILCS 5/2-1115.2, these two forms of damages are clearly defined to guide courts in awarding compensation.

Economic vs. Non-Economic Damages

Economic damages are tangible and typically supported by bills, receipts, or employment records. These include past and future medical costs, loss of income, diminished earning capacity, and other direct financial setbacks.

Illinois law explains that economic damages cover measurable financial losses such as medical expenses, loss of income or earnings, and property damage. These figures are usually straightforward but can become complex when projecting future losses, such as long-term rehabilitation, ongoing care, or reduced earning potential.

Non-economic damages compensate for losses that cannot be calculated with the same precision. These include pain, suffering, disability, disfigurement, emotional distress, and loss of companionship. Illinois law further defines non-economic damages as intangible harms, including but not limited to pain and suffering, disability, disfigurement, loss of consortium, and loss of society.

Courts or insurance adjusters may use formulas such as the multiplier or per diem method to arrive at these amounts. The subjective nature of non-economic damages means that effective presentation of medical evidence, testimony, and day-to-day impact can significantly influence the outcome.

Legal Challenges in Determining Damages

Assigning a fair value to injuries often sparks disputes. Insurers may try to limit payouts by questioning medical treatment, recovery timelines, or linking losses to pre-existing conditions. Proving non-economic damages is especially challenging, since they depend on testimony, medical records, and evidence of daily impact.

Future damages add another layer of complexity, as serious injuries may require lifelong care or affect earning ability. In these situations, economists and vocational experts may present evidence on long-term costs, which judges and juries evaluate to decide on a fair award.

Potential Recovery in Illinois Personal Injury Cases

The compensation available in an Illinois personal injury case depends on factors like the severity of the injury, the victim’s age and health, and how the harm limits work or daily life. A younger person with permanent injuries may receive more than someone already retired, given the longer impact on earnings and lifestyle. Courts may also award punitive damages in rare cases of extreme misconduct. To value non-economic harm, juries and insurers often use tools such as multipliers or daily rate calculations.

Illinois’ comparative negligence rule can also reduce recovery. If the injured person is partly at fault, their award is lowered by their share of responsibility. This makes clear evidence of liability and thorough documentation essential. Medical records, work history, and even testimony from friends and family can help show the true extent of the losses.

Walton Telken Can Help You Get the Compensation You Deserve

Getting fair compensation takes more than paperwork. It means carefully tracking losses, knowing how Illinois law applies, and presenting your story in a way that feels real. At Walton Telken, we have walked with people in Edwardsville and across Illinois as they worked to recover after serious injuries.

As your Edwardsville personal injury attorney, we focus on preparation, vigorous advocacy, and showing how damages affect everyday life. Call 844-307-7349 to discuss your options or a claim, and let’s find the best way forward together.