Sometimes the legal system seems uneven. You will hear about one accident victim receiving millions of dollars in compensation while another gets a few thousand. Sometimes this apparent discrepancy happens because the injuries and damages are disparate. However, another thing that can tamp down compensation – state laws related to personal injury compensation. For example, some states put damage caps limiting how much you can receive for a personal injury claim. But what exactly does that mean for your case?
All States Have Laws that Affect Personal Injury Cases
Such laws do not have to comply with each other. Each state controls and handles legal situations as its lawmakers see fit.
For example, statute of limitations laws give you a deadline for filing your case. In Michigan, you have three years from the time of death or injury in most cases. However, Illinois and Indiana set a two-year statute of limitations on most personal injury cases.
The Basics on Damage Caps
A “damage cap” limits how much a jury can award for personal injury damages. For example, you might ask a jury for $10 million, but state law limits you to $5 million. The jury can only award $5 million. Damage caps for personal injury compensation (especially for medical malpractice) sometimes occur when states enact tort reform.
However, some states limit damage caps to certain types of cases. Medical malpractice cases are often capped. But the same state that caps medical malpractice cases may not impose the same limits on personal injury compensation.
Also, damage caps typically apply only to non-economic damages. This type of damage includes pain and suffering, anxiety, depression, and loss of enjoyment of life.
Illinois Laws Setting Damage Caps on Personal Injury Compensation
Fortunately for Illinois personal injury plaintiffs, Illinois currently does not have any law setting damage caps on personal injury compensation.
In 2005, Illinois lawmakers did set a limit on non-economic damages. However, the Illinois Supreme Court overturned that law a mere five years later, ruling it was unconstitutional.
On the other hand, Michigan has set damages caps on certain personal injury cases, specifically medical malpractice.
Indiana lawmakers limit several types of personal injury compensation, including both economic and non-economic damages.
Discuss Damage Caps on Personal Injury Compensation with an Experienced Attorney
It’s best to get professional advice if you have been harmed by another person, especially if disability benefits may complicate your case. Talk to an experienced personal injury lawyer as soon as possible after your injury occurs.
At the Dailey Law Firm, P.C., our team of skilled lawyers and professionals provide the high-quality legal services you need. Call us at 844-342-5353 to set up a free consultation or use the Contact Form on our website. There’s no fee for personal injury cases unless we win.
We represent clients throughout the entire United States. You can reach us online or visit one of our offices in Detroit, MI; Chicago, IL; or Valparaiso, IN.