Illinois and Missouri have two different systems when it comes to damage caps. Below, we compare each state’s maximum recoverable amounts in a personal injury case.
Illinois Personal Injury Damage Caps
Illinois tried a limited cap that applied only to medical malpractice cases. However, the state’s Supreme Court struck down these caps, holding that they violated the Illinois Constitution. At least in personal injury cases against non-public defendants, there are no caps in place whatsoever.
The rule is different when you are suing a government entity. You may be filing a claim for a school bus accident, a slip and fall injury, or even poor road condition. Illinois governmental entities have some degree of protection from large damage awards. The Illinois Court Claims Act limits your amount of recovery in lawsuits against the government to $2 million. This is a far higher amount than you can get from suing the government in most states.
Missouri Personal Injury Damage Caps
Missouri does have some damage caps on the books. State courts struck down a limit on punitive damages in personal injury lawsuits, holding that it was unconstitutional. There are still limits to how much you can get in a medical malpractice case. Non-economic damages in medical malpractices are limited to $400,000. The number would rise to $700,000 if there was catastrophic injury or wrongful death.
If you are suing an instrumentality of the Missouri government, there are also limits. Economic damages cannot exceed $441,130. Non-economic damages cannot exceed $460,499. These numbers are raised to reflect inflation so that they may go up in the future.
As you can see, most personal injury lawsuits are not subject to damage caps in Illinois and Missouri, meaning that you can recover the full amount of damages you suffered due to someone else’s negligence.
The only limits on your financial recovery are arbitrary ones imposed by the insurance company that an experienced lawyer knows how to handle with an aggressive and determined representation.
If you have suffered an injury in an accident, the insurance company cannot stand in the way of you getting your full damages, no matter how much they try.
Call an Illinois and Missouri Personal Injury Lawyer Today
The lawyers at Walton Telken know how much your case is worth, and we will do everything within our ability to secure that amount for you, either in settlement negotiations or in court.
You can schedule a free initial consultation by calling us at (844) 307-7349 or by contacting us online.
Personal Injury FAQs
How do I know how much my personal injury case is worth?
It would be difficult to learn this information on your own. You would need the help of an experienced lawyer.
What if the insurance company will not make a fair settlement offer?
The insurance company is not the jury. It is the jury who has the ultimate final say on how much money you can get in your case.
What are the elements of my personal injury damages?
- Medical expenses
- Lost wages
- Property damage
- Pain and suffering
- Loss of enjoyment of life
- Scarring and disfigurement
- Emotional distress