How Do They Calculate Damages in an Illinois Car Accident?

On Behalf of Johnston Law Offices P.C.   |   Jul 31, 2025   |   Car Accidents ,

While many Illinois residents know they can seek damages for injuries suffered in a car accident through an auto insurance claim or personal injury lawsuit, they may not know how these damages are calculated. Understanding how insurance companies, lawyers, and juries calculate damages after a car accident is a vital part of seeking the compensation you deserve.

Compensatory Damages in Illinois

The two types of compensatory damages you can seek after an Illinois car accident are economic and non-economic damages. Economic damages are the compensation you seek for your tangible losses, like medical expenses and lost wages. Non-economic damages are the compensation you seek for your intangible losses, like pain and suffering and emotional distress.

In rare cases, car accident victims can seek punitive damages. Punitive damages punish the defendant for particularly reckless or intentional actions rather than compensate the victim for their losses.

Factors Contributing to Damage Calculations

When calculating damages, insurance companies, lawyers, and juries will look at various factors, including the following:

  • Medical Expenses – Your medical bills to date can be used to calculate the cost of your treatment directly and to estimate the cost of your future treatment.
  • Lost Wages – Your lost wages are an objective account of the financial impact your injuries have had on your life.
  • Injury Severity – The more severe your injuries are, the more your case will likely be worth.
  • Long-Term Disability – If your injuries result in long-term disability, you are more likely to receive additional compensation to account for their long-term impact.
  • Emotional Distress – If you developed conditions like anxiety or post-traumatic stress disorder, that can increase the value of your case.
  • Impact on Life – If your injuries impact your ability to perform daily activities or activities you once enjoyed, that can increase the value of your insurance claim or injury lawsuit.

Calculating Non-Economic Damages

While economic damages have objective costs associated with them, such as medical bills and the income you lost due to your injuries, the same isn’t the case with non-economic damages. These damages are often objective, so Illinois typically uses a multiplier method of calculating them. Non-economic damages are usually worth between one and five times your economic damages.

The Role of Comparative Fault

The last factor that goes into calculating the amount of compensation you could receive after a car accident is Illinois’ modified comparative fault law. Under this law, the damages a victim can receive are reduced by their degree of fault. For example, if you are 20 percent at fault, you can only recover 80 percent of your damages. And in Illinois, if you are more than 50 percent at fault, you cannot recover damages. For this reason, it’s crucial that you work with a lawyer who can minimize your degree of fault to maximize your damages.

Contact Our Illinois Car Accident Lawyers

If you suffered injuries in an Illinois car accident, contact Johnston Law Offices P.C. for a free consultation with an experienced injury lawyer. Our lawyers will review your case and provide an initial estimate of what your case could be worth.