Reviewed and edited by Nicholas P. Kelly, Esq. 

In a personal injury lawsuit, the person who has been harmed—the plaintiff—goes through the civil court system to seek justice. Through their litigation, they assert that the defendant’s conduct caused them harm, either intentionally or through carelessness. 

Civil cases provide an alternative option to criminal cases for those seeking justice. While a criminal case may result in jail time, the consequences of a civil case generally take the form of monetary compensation. And civil lawsuits have a lower burden of proof: rather than proving fault “beyond a reasonable doubt” as in a criminal case, plaintiffs must only prove a “preponderance of evidence”—that the defendant’s behavior more likely than not caused them harm. 

Personal injury claims span a wide variety of situations and can include slip-and-fall cases, car accidents, dog bites, medical malpractice, product liability, assault and battery, defamation, and sexual abuse. In every personal injury lawsuit, the plaintiff is fighting to receive compensation in the form of damages.

What are damages in a personal injury lawsuit?

The legal use of the word damages can be confusing—colloquially, when we talk about damage, we mean the harm done to something. Damages under the law, on the other hand, refers to a specific principle of civil cases.

In a lawsuit, damages refers to the compensation the plaintiff receives to make up for the defendant’s wrongdoing.

Damages are usually monetary. They are calculated to make up for the losses that the plaintiff suffered as a result of the defendant’s actions. In other words, if a plaintiff successfully proves that the defendant’s conduct caused them harm, the court or jury will award them compensation in the form of damages. 

How are damages determined?

The type and amount of damages paid will be determined by the civil court in charge of the case. In a jury trial, the jury will determine the award. The plaintiff can also opt for a judge-only trial (also called a “bench” trial). In a bench trial, the judge makes the final determination on damages. 

How damages are determined also depends on the types of losses suffered by the plaintiff. They may be economic or non-economic, and can compensate for harm and expenses suffered by the plaintiff or serve to punish the defendant for their wrongdoing. 

Types of damages: Compensatory and punitive

Compensatory damages

Compensatory damages are a type of monetary payment that the jury or judge awards to a plaintiff in order to compensate them for the harms or losses they’ve suffered due to the defendant’s conduct.  

These damages are designed to “make the plaintiff whole.” This means restoring the injured party to the position they would have been in—financially, physically, and emotionally—if the injury or harm hadn’t happened. This could include paying for medical bills and ongoing healthcare, covering increased costs of living, or compensating a plaintiff for pain and suffering.  

In many instances, money isn’t enough to truly make up for what a plaintiff has gone through. There is no way to erase the harm they’ve suffered, or truly return them to a time before the defendant’s actions. However, money can improve a plaintiff’s quality of life and help them afford medical bills or other expenses. While the system isn’t perfect, the law tasks the jury or judge to do their best to assign a value to what was taken from the injured person. 

Economic vs. non-economic compensatory damages in a personal injury case

Compensatory damages are divided into two categories: economic damages (which compensate for monetary losses) and non-economic or general damages (which compensate for non-monetary losses). 

Economic compensatory damages

Economic personal injury damages repay the plaintiff for financial losses they have experienced or are likely to experience as a result of the harm the defendant caused. 

Common economic damages include: 

• Medical bills, both past and future 
• Caretaking and household expenses while recovering 
• The future expenses of living with a disability 
• Loss of earnings or profits, including lost wages, now and in the future 
• Property damage repair and replacement 

In most states, there is no limit on the amount of compensatory damages that can be awarded. The jury or judge will assess the plaintiff’s situation and determine a fair compensation.

Non-economic compensatory damages

Also called general damages, non-economic damages are harder to quantify but arguably even more important than economic damages. As people, we value our health—our ability to live without pain, distress, or disability; our ability to spend the time we have with our friends, family, and loved ones; our ability to take part in the things we enjoy. Pain and disability caused by harmful conduct can distract us and make it more difficult for us to live our lives. 

Non-economic damages help remedy what was taken from personal injury victims in terms of health, happiness, and human dignity. They recognize the human cost that individuals suffer when harmed through no fault of their own. 

Common general damages include: 

• Physical pain and suffering, both past and future 
• Scarring or disfigurement 
• Disability 
• Emotional distress 
• Loss of reputation 
• Loss of consortium 

Non-economic damages may also compensate a plaintiff for “loss of a normal life,” or their temporary or permanent diminished ability to enjoy their daily activities.  

Punitive damages

Compensatory damages are designed to make the injured person whole. Punitive damages, on the other hand, are an additional form of damages designed to punish the defendant. Also known as exemplary damages, they punish the defendant for particularly egregious conduct and attempt to deter others from engaging in similar behavior in the future. 

Courts may choose to award punitive damages in situations where the defendants display a willful disregard for the rights and safety of others, display a reckless disregard for human life, or have committed fraud. While this depends on the state, the limit helps avoid excessive punitive damages in court. 

Wrongful death and survival cases

Wrongful death claims and survival actions are two specific types of suits that can be brought under the umbrella of personal injury lawsuits. Both are brought by the surviving family members of someone who has passed and address the harm caused by the individual’s death. 

However, wrongful death and survival claims seek different types of damages. A wrongful death claim: 

• Is brought by the surviving family members (usually the spouse, children, or next of kin). 
• Seeks compensation for losses suffered by the family as a result of the individual’s death. 

On the other hand, a survival action: 

• Is brought by the deceased person’s estate. 
• Seeks compensation for losses suffered between when the individual was injured and when they died. 

While both address the harm caused by an individual’s death, the survival action allows the estate to pursue the legal claims that the person would have been entitled to if they were still alive. 

Economic damages in wrongful death cases often include: 

• Funeral and burial costs 
• Loss of future income 
• Loss of services and benefits provided by the deceased (childcare, for example) 

Economic damages for survival claims are more similar to typical personal injury damages, and generally include injury-related medical bills. 

For many people, non-economic losses incurred when someone loses a family member or loved one are even more significant than economic losses. These general damages often account for the loss of the individual’s companionship, love, guidance, and moral support suffered by the surviving spouse, children, or next of kin. Many jurisdictions also allow plaintiffs to recover damages for grief, sorrow, and mental suffering. Survival claims operate in a similar fashion, but typically include the pain and suffering of the individual between when they were injured and when they passed. 

After the personal injury settlement

The process of a personal injury case can be complicated. After damages are awarded, there are still a few steps remaining before a plaintiff receives their money. 

After a jury verdict in favor of a plaintiff, the court may review the award to verify if the amount is excessive or deficient. Depending on its findings, the court may change the final amount to be awarded to the plaintiff.  

Understanding damage estimates

Experienced lawyers use a variety of information about a case to estimate what a potential settlement or court award may be worth. But ultimately, nobody can predict with 100 percent certainty what a personal injury case might be worth at the case’s outset. 

Settlement and award values are highly individualized and depend on the nature and extent of a plaintiff’s injuries. It’s important to hire an experienced personal injury attorney who can gather and present evidence that fully captures the plaintiff’s losses.  

Talk to a personal injury lawyer

Not sure how much your personal injury case could be worth? Our team of legal professionals and personal injury attorneys is available to talk through your situation and answer any questions you might have. Reach out to Wallace Miller at (312) 261-6193 for a confidential and free consultation.

What is litigation?

In legal terms, litigation is resolving disputes via the public court system. Any legal proceeding—whether that is a criminal lawsuit, a civil lawsuit, or a bankruptcy case—is a type of litigation. 

Although often used interchangeably, litigation is not the same as a lawsuit. The term litigation refers to resolving disputes via the legal system, while a lawsuit is the specific legal action brought by a plaintiff against a defendant. For example, in the context of mass torts, each individual plaintiff has their own lawsuit. But each lawsuit is part of a larger litigation about the same alleged defective product or wrongful conduct. 

The U.S. court system is divided into federal and state courts. Federal courts, which include the Supreme Court, the courts of appeals, and the District Courts, oversee cases concerning federal law, disputes between states, constitutionality, bankruptcy, and other country-level concerns. 

While the setup of state courts depends on the state, they generally include a state supreme or high court, a court of appeals, and a variety of trial courts. They oversee suits, including most criminal cases, tort or personal injury cases, family law cases, and cases involving state laws or constitutions. 

In the State of Illinois, most cases begin in the 25 judicial circuits (also known as trial courts) across the state. Appeal cases proceed to the Appellate Court, which is divided into five districts. The Illinois Supreme Court, which consists of seven justices, provides the final judgment on state law. Look up the organization of your state’s court system here. 

Understanding legal terms

Both criminal and civil cases involve a plaintiff (or suing party) and a defendant (or party responding to the complaint). In a civil case, the plaintiff is the person filing the lawsuit, while the defendant is the party against whom the suit is filed. Plaintiffs bring lawsuits in civil court because they believe they have been harmed by the defendant physically, financially, or otherwise. 

Defendants can be business interests, individuals, hospitals, insurance companies, nonprofits, or government organizations. In some cases, many plaintiffs claim that the same defendant or group has harmed them. Cases like these may be filed via a class action lawsuit or consolidated into a mass tort. 

 

Criminal Cases

Criminal cases operate differently from civil cases in several ways. The plaintiff in a criminal case is the State representing the victim (often called “The People” in official documents). At the same time, the defendant is the person or organization being accused of a crime.  

Civil and criminal cases also differ in how they handle the burden of proof, how much evidence is required to prove wrongdoing, and who is responsible for providing it. In a criminal case, the State must prove beyond a reasonable doubt that the defendant committed what they are being accused of. In a civil lawsuit, on the other hand, the plaintiff and the plaintiff’s lawyer must provide a preponderance of evidence—meaning showing that something is more likely true than it is not true—to prove that the defendant is at fault. This usually means it is easier to meet the burden of proof in a civil case. 

Why is the plaintiff important in the law process?

Under our legal system, individuals can seek compensation for damages. These damages may include physical harm, medical expenses, loss of wages, or emotional distress, and lawsuits can also be filed for people who died due to harmful actions.  

Plaintiffs sue for financial compensation, but that’s not all there is to it. Many plaintiffs file claims not only to be compensated for the wrong done against them but also to find answers and prevent the same thing from happening to others. 

At Wallace Miller, we understand that there is more than money at stake in these cases. When someone suffers harm due to fraud or negligence, they often feel ignored, disrespected, or erased. Through the legal process, our attorneys can help plaintiffs pursue justice, achieve some measure of recompense, and prevent the harm from happening again.  

What is a plaintiff’s attorney?

A plaintiff’s attorney, or plaintiff’s lawyer, is simply the individual representing the plaintiff. However, the term is commonly used to refer to an attorney who specializes in representing plaintiffs’ claims against larger interests such as insurance companies, corporations, or hospitals. 

Wallace Miller focuses on this area of the law to make a positive difference in the lives of those who have been wronged. By taking on cases in consumer protection, product liability, employment, environmental and toxic harm, and personal injury, we protect the rights of victims of negligence, fraud, and other wrongdoing. 

The defense attorney or the individual representing the party being sued is on the other side of the lawsuit. The term is also often used for lawyers who specialize in representing defendants. Large companies may have a team of defense attorneys on staff responsible for handling suits brought against them. 

How do plaintiff’s attorneys get paid?

Because they are bringing the suit, plaintiffs and plaintiffs’ attorneys are the active parties in beginning a claim. Depending on the nature of the case, plaintiff lawyers are often paid via a contingency model, meaning they don’t charge their clients anything during the legal process. In these circumstances, the attorneys initially pay out-of-pocket all necessary litigation expenses—including travel expenses for deposition, expert reviews and analyses, testimonies, documentation, records, and court filing fees. Then, if a settlement or verdict is awarded, the attorneys are reimbursed for those expenses and receive a percentage of the award amount as their fee. If a plaintiff doesn’t receive compensation, the attorney doesn’t get paid, and they do not get reimbursed for the expenses they paid out-of-pocket on the case. 

This means that the plaintiff’s attorneys take a financial risk in filing lawsuits. Experienced attorneys are experts at assessing the risk of a given claim and can help the plaintiff understand the situation accurately. Still, there is never a guarantee of a positive case outcome. This system allows average people to access the justice system without paying expensive attorney fees upfront. 

What is the role of a plaintiff lawyer?

In a civil case, the plaintiffs’ lawyers are responsible for representing the plaintiff(s) and fighting for justice on their behalf. Their end goal is to help the plaintiff receive compensation for damages caused by the defendant(s). 

During this process, they research the plaintiffs’ specific situation and the case in general. They build plaintiff files, gather and present convincing evidence, retain expert witnesses, and prepare documents for the court.  

Many cases settle out of court, and in these situations, the lawyer’s goal is to achieve the best compensation possible for their clients. The plaintiff’s lawyer may represent the individual in court if a complaint goes to trial before a judge and jury.  

On a societal level, plaintiffs’ lawyers can also use their skills to hold powerful parties accountable. When the actions of a person, corporation, nonprofit, or government organization cause harm to a large number of people, plaintiffs’ attorneys may represent them in a class action or a mass tort. This not only allows the people harmed to receive some compensation but also discourages these organizations from committing the same harmful actions in the future.  

Wallace Miller: Your plaintiff lawyers

We know that you have many options when considering a legal claim. Our passionate attorneys and professionals have dedicated their careers to pursuing challenging cases and fighting on behalf of consumers, individuals, classes of people, and small businesses against some of the largest companies in the world.  

The attorneys at Wallace Miller have more than 75 years of cumulative experience in the law and have won millions in recovery and settlements. Our firm is nationally recognized, and we are frequently appointed by federal and state courts to serve in leadership positions. Most importantly, we are committed to obtaining justice for each and every one of our clients. 

If you think you may have a claim against a business, corporation, organization, or any other group or would like to discuss your options, reach out to our firm today at (312) 261-6193 or fill out our online questionnaire for a free and confidential assessment in minutes. 

Related Posts

Working With Wallace Miller

Navigating The Legal System For Trespass To Chattels Cases

Whistleblower/False Claims/Qui Tam Attorney In Chicago