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Injury Lawyers At Abels & Annes To Represent Astroworld Victim

Abels & Annes Pursuing Astroworld Festival Injury Case

Abels & Annes has signed on to assist a Chicago man who was injured after he was buried in a pile of people at the Astroworld concert.

The victim who retained Abels & Annes was pinned down beneath a pile of people which resulted in various injuries. He is also suffering from PTSD as a result of the incident. Several victims in his immediate vicinity did not survive.

The actions of the concert planner and promoters, as well as the staff and performers who were responsible for the attendees, deserve to be held accountable. There are hundreds of people and families who are suffering tonight because of a profit over safety mentality.

If you would like to contact Abels & Annes about your Astroworld injuries, call us right away at (855) 529-2442

Representing Victims of Crowd Surges, Mosh Pits, Crowd Crush & More

Going to a concert is supposed to be fun. The right concert can make you feel on top of the world and create lasting memories. But for some concertgoers, the show can turn into a nightmare, filled with fear, injuries, and in some cases, death.

Our lawyers are committed to helping individuals and families who have been seriously injured or who have lost a loved one because of a poorly planned and executed concert.  Concert organizers, promoters, security personnel, venues, and performers all have a shared responsibility to keep concert attendees safe during a show. When they fail at this duty, they must be held accountable.

What Happened at the Astroworld Travis Scott Concert?

scott at astroworld - astroworld festival injuries and deaths - abels and annesOn November 5, 2021, eight people were killed at a Houston concert organized by Travis Scott, known as the Astroworld Festival. Officials declared the incident a “mass casualty event”. Additionally, 25 people were hospitalized and more than 300 people were treated for injuries. The tragic event was well-documented on social media sites like Instagram and TikTok where it almost instantly went viral.

Earlier in the day, hundreds of fans had bypassed security and broken into the concert, creating immediate concerns over safety and occupation limits.

By 8:00 pm, before Scott even took the stage, the medical staff was overwhelmed. Meanwhile, as attendees anticipated the main event, concertgoers continued to compress together and breathing became difficult. By 8:30, there was already video of people begging for help because of compression, asphyxia, and panic. Some report

At 9:00 pm, headliner Travis Scott, who has an alleged history of enticing and encouraging fans to be violent, took the stage and the crowd began to surge forward causing a crush.

As people began to fall and get injured, additional panic ensued. Attendees started attempting to escape the crowd over barriers, through exits (if they could get to them), and some fans began climbing scaffolding.

Video documentation shows that around this time, fans were screaming for medical help and chanting to stop the show. At some point, someone appears to tell Scott and he waves them off and reminds them they are there to perform.

From then on, video and testimony show that concertgoers continued to be crushed from the crowd surge, trampled under people’s feet, and suffocated. There are also multiple reports of people already being dead in the crowd at this time.

 How Did Security and Travis Scott Respond?

Scott reportedly continued singing for nearly 40 minutes after officials had labeled the incident as a “mass casualty event.” Security began recognizing the seriousness of the event and tried to pull people over the barricades but it was too little too late. Too many people were in trouble. Medical staff tried to get through the crowd but it was too tight. Finally, Scott quit performing and the crowd was dispersed.

Over 300 people were treated for injuries, 20 were taken to local hospitals (at least 11 of those people were in cardiac arrest) and 8 people died

The victims range from just 14 to 27 years old. The youngest victim, who survived but is hospitalized in critical condition, is 10 years old.

Who Can Be Held Responsible for Astroworld Injuries and Deaths?

travis scott performing - astroworld festival injuries and deaths - abels and annesIn cases where there is such clear negligence, lawsuits will be filed. In the case of Astroworld, it’s very likely that the venue and the organizers may be found legally liable for the injuries and deaths that occurred. This is also true for Travis Scott, and possibly Drake, who continued to perform despite clear signs of trouble from the crowd and his staff.

When people are injured or killed at a music festival, the claim falls under premises liability law, which means that it’s the responsibility of property owners to maintain a reasonably safe environment. But in cases like this, there are clearly third parties who are also at fault.

Possible liable parties include:

Live Nation (events promoter and venue operator)

Astroworld (annual music festival run by American rapper Travis Scott)

Scoremore (festival production and concert promotion)

NRG Park (concert venue)

Travis Scott (festival creator and headliner)

Drake (singer and surprise guest who went on after deaths already occurred)

Why Do People Get Injured at Concerts?

Concert injuries and deaths are usually preventable if proper security and planning are taken into account. However, accidents can still happen. But in the case of Astroworld, with 8 dead and hundreds injured, it’s clear that this was more than an accident.

Concert injuries are more likely to happen when:

  • Venues are overcrowded
  • There are improper barriers
  • Lack of exits or walkways
  • Not enough security officers present
  • Lack of training for security and medics
  • Requests for help are not taken seriously
  • Performers encourage, incite, or validate violence
  • Venues are not properly maintained
  • Venues are poorly organized
  • Too many people for the size of the venue
  • Fans skip past security screening

When these conditions are present, fans can be seriously injured or killed in incidents that should have never happened in the first place.

Types of Concert Injuries

When a lot of people are together in one place, there is always going to be an increased risk of injury. Add alcohol, drugs, and celebrities and things get worse.

Here are some of the most common types of concert injuries

Crowd Surges

When too many people are packed together, the crowd can become so dense that it moves in waves. Crowd surges occur when the entire crowd moves suddenly and powerfully which causes people to become crushed. This can cause suffocation, injuries, and may lead to death.

Stampedes

Stampedes occur when a place is overcrowded with a tight exit. If something occurs to cause a high panic situation, like a fire or crowd surge, people can become trampled. This is especially dangerous when people fall.

Drugs

Music festivals and concerts are common places for drugs. This is one of the top causes of injuries at concerts, but they rarely involve liability.

Assaults & Attacks

When you have thousands of people at a concert, there is a risk of sexual and physical assault. Hyped-up crowds, drugs, alcohol, and a lack of security can all contribute to the likelihood of injuries.

Falls

Venues that are poorly constructed, set up, or maintained can cause concertgoers to fall and injure themselves. This is even more likely when there are too many people in one place, like in the case of Astroworld.

Can Travis Scott Be Held Responsible for the Deaths or Injuries?

astroworld entrance - astroworld festival injuries and deaths - abels and annesPerformers themselves may be partially or wholly to blame for concert-related injuries, especially if they encourage or even command fans to engage in violent or reckless behavior. This is also true in cases where the performer is aware of injuries or dangerous conditions and doesn’t stop the show.

This is exactly what happened at the Travis Scott concert. Videos clearly show Scott aware of injuries and panic in the crowd. Yet he continued to perform. It’s also worth noting that Travis Scott, as the headliner and owner of the festival, has all the power to stop that concert if they had wanted to. Doing so could have saved many lives and many injuries.

Are You An Astroworld Concert Victim?

If you or a loved one were injured at the Astroworld music festival, you may be entitled to financial compensation for your damages. This is also true if you lost a child or family member at the event.

Abels & Annes plans on holding all responsible parties liable for their actions at this concert. We will fight for the justice and settlement you deserve.

Working with local counsel, we will be pursuing claims against Astroworld, Travis Scott, Live Nation, NRG Stadium, and any other responsible parties for the preventable tragedy that unfolded during the music festival.

If you need our help, call us right away at (855) 529-2442.

Types of Car Insurance in Illinois

The average cost of car insurance is $199 a month in the United States. For many households, it is a major expense and one place that lots of people look to for savings. However, adequate car insurance can save you thousands of dollars when a car accident leads to unexpected damages. Auto insurance is an important protection for yourself and others when the unexpected happens. That’s why Illinois requires drivers within the state to have certain types of insurance coverage.

Drivers who are caught without the minimum required insurance face substantial fines and penalties. First time offenders may have to pay between $500 and $1,000. Additionally, their licenses could be suspended for three months and there are additional fees to have it reinstated. To protect yourself and others, it helps to review the types of car insurance coverage you have to ensure it meets Illinois requirements and your current needs. Too often we do not consider our car insurance coverage until it is too late.

Bodily Injury Liability Coverage

Bodily injury liability coverage (BI) is designed to protect the other driver in the event of an accident. It’s one of two types of liability insurance. The other type is property damage liability coverage, which pays for any damage you cause to the other driver’s car.

If another driver causes a car accident that injures you, that driver’s bodily injury liability coverage can help to cover your medical expenses and lost wages that result from your injuries.

The minimum bodily injury coverage for Illinois drivers is $25,000/$50,000. 

This means that the coverage limits are up to $25,000 per injured person. And up to a maximum total of $50,000 for all injuries caused by the accident including multiple people in the vehicle. 

Keep in mind these are the policy limits, meaning this is the maximum amount the insurance company will pay. In an effort to cut their own costs, however, insurance companies will always try to keep their payout well below the policy limit. 

Having an attorney to evaluate your medical records to properly value your claim can protect you from accepting less than you need to cover all your damages.

Property Damage Liability Coverage

Illinois drivers must have a minimum of $20,000 in property damage liability coverage. 

Like bodily injury liability coverage, property damage liability coverage (PD) is designed to pay for the other person’s property damage when you are at-fault for a car accident. 

An at-fault driver’s property damage liability coverage will help to pay for the cost of vehicle repairs or complete replacement when a car is totaled. 

It could also be used to cover other types of property damaged in a motor vehicle accident, like fences, bicycles, or property inside the vehicle.

How to Read Insurance Policy Limits in Documents

When you see three numbers divided by slashes on a car insurance policy or some other document, it is often referring to the coverage limits of liability insurance. 

For example, you might see 25/50/20 for a policy limit. The first two numbers refer to how many thousands of dollars in coverage you have for bodily injury coverage per person and per accident. The third number refers to the amount of property damage liability coverage.

Using Illinois’ minimum coverage requirements as an example, the 25/50 would represent $25,000 per person/$50,000 per accident. The third number represents the $20,000 in property damage coverage. 

Uninsured Motorist

It’s estimated that almost 14% of Illinois drivers are uninsured. If one of these drivers hit you, it’s highly unlikely that you’ll be able to recover any of your expenses from them directly. After all, if they are unable to pay minimum insurance premiums, they are unlikely to have many assets to go after. 

That is one reason why Illinois requires drivers to carry uninsured motorist coverage (UM). This coverage helps to pay for your injuries, rather than the other driver’s injuries. 

You can also turn to your uninsured motorist coverage if you are injured in a hit and run car accident.

Uninsured motorist coverage is required in Illinois, but it automatically comes with bodily injury coverage in equal amounts. For example, if you buy $25,000 in bodily injury insurance coverage, you automatically get $25,000 in uninsured motorist coverage.

Underinsured Motorist

Severe injuries like traumatic brain injuries, spinal cord injuries, and disfigurements cost a fortune to treat. Not only that, but their consequences can last a lifetime. These types of injuries can be so costly. So an at-fault driver’s policy limits aren’t always enough to cover these types of damages. This is why underinsured motorist coverage (UIM) exists. 

Underinsured motorist coverage is different from uninsured motorist coverage. Underinsured motorist insurance covers injuries to you and your passengers in the event that the at-fault driver’s auto insurance policy is insufficient to cover all your expenses. In this case, your insurance company covers the expenses that exceed the limits of the other driver’s policy. 

Underinsured is grouped with uninsured motorist coverage in Illinois.

Medical Payments

Medical payment coverage is a type of insurance designed to pay for your own injury treatment in the event you are hurt in a car accident. Regardless of who caused the accident, your own medical payments coverage will help to pay for the cost of your medical expenses including hospital bills, doctors’ fees, and the cost of medication up to your policy limit amount. 

Medical payments coverage is not required in Illinois.

Collision

Collision insurance is a type of coverage that helps to pay for any repairs or the complete replacement of your car if it’s damaged in an accident with another vehicle or an object, like a fence or a tree. If your car is leased or financed, collision coverage may be required by the lender to protect their investment since they are the actual owners of the vehicle.

Collision coverage is not required in Illinois, although it may be required by your lender.

Comprehensive

Like collision coverage, comprehensive coverage also covers the cost of physical damage. It pays for repairs or replacement due to causes other than a collision. This would include theft, vandalism, fire, a falling branch, water, and hail. Comprehensive coverage is meant to bring the vehicle back to the value it held at the time of the accident. Or to provide for a replacement at the car’s current value. 

Comprehensive coverage is not required in Illinois.

Contact an Illinois Car Accident Attorney

If you or a loved one has been injured in a car accident that was not your fault, speak to an attorney at Abels & Annes. We know that handling insurance claims can be complicated, especially when multiple policies or parties are involved. Our experienced team will manage all communications with the insurance company to make sure you’re getting the best possible compensation. For a free initial case evaluation, call us at 312-924-7575 or contact us online

How Insurance Companies Try to Avoid Paying Personal Injury Claims

The Three D’s: Delay, Deny, Defend

Insurance is a very profitable business. And it stays that way by taking in much more money than they payout. A single health insurance company can make billions a year in profits. The auto insurance industry as a whole brings in tens of billions of dollars in profits each year. And most insurance companies, no matter what type of coverage they sell, are seeing profits rise even more due to the 2020 pandemic.

These profits often come off the backs of people that pay their premiums faithfully for years and now really need their insurance carrier to carry out their end of the deal. In order to maintain these profits, specifically in the auto insurance sector, three common tactics are used by insurance companies: delay claims, deny claims, and defend against claims.

Insurance Tactic #1: Delaying Injury Claims

The first tactic insurance companies use is to try delaying the injury claim as much as possible. Delaying the claim makes it frustrating for the claimant and it allows evidence to deteriorate.

Frustrating the Victim into Quitting

Receiving compensation is rarely straightforward. Insurance companies sometimes ask for complex forms and details they don’t actually need to process your claim. They know you’re unlikely to have this information readily available. Consequently, you’ll end up wasting time and energy tracking it down. Once submitted, they might make another request or say your documents are incomplete. Insurance companies may also keep you tied up on the phone for what seems like an eternity. Some may pass you around from department to department in search of an answer to a simple question.

These exhausting tactics are designed specifically to delay your claim long enough that you abandon your claim or settle for pennies on the dollar.

Allowing Evidence to Deteriorate

Sometimes, insurance companies will delay a claim in the hopes that some of the evidence will become murky or deteriorate. This doesn’t mean that the evidence actually becomes broken or degraded. Instead, it means that the evidence becomes harder to find. Take for example somebody who witnessed the case. If they were to be contacted one week after the accident, they would probably be more than happy to give a statement about what they saw. If that person is contacted six months later, not only have they probably forgotten most of the details, but they probably aren’t interested in dealing with it anymore.

[Read: What To Do After a Car Accident]

Statute of Limitations

Over the years, our law firm has been contacted by many accident victims who unknowingly allowed the statute of limitations to expire. They thought they were protected by setting up the claim with the insurance carrier and did not realize that a lawsuit needed to be timely filed. The insurance adjuster, who kept delaying and delaying, never informed the claimant of the statute date, which is 2 years in most cases in Illinois. However, there are shorter time limits for certain defendants, so it is best to contact a personal injury lawyer immediately.

Insurance Tactic #2: Denying the Claim

Contesting Liability

It is not uncommon for an insurance adjuster to dispute or deny liability, even when their driver obviously is at fault. Or, they may only admit partial liability when it’s unreasonable to do so. This tactic is more common with substandard insurance carriers.

For example, our office recently received a denial letter from an insurance carrier. The accident occurred when the defendant failed to yield coming out of a stop sign. Our client had no stop sign and had the right-of-way. At the scene, the defendant admitted fault to the police and was ticketed. At a later date, the defendant changed her story and is now claiming that our client was speeding and failed to keep a proper lookout.

The insurance carrier is now denying the claim due to their insured changing her story. The adjuster knows they are going to have to pay on the claim later in court. However, they are using the defendant’s obvious lie as an excuse to delay paying on the claim.

Minimizing Injuries

Insurance adjusters are always looking for ways to downplay your injuries, make them sound less severe, or even make it look like the injury is non-existent.

One tactic of denying a claim by downplaying an injury. This can involve tricky questions that make it seem like you are not as injured as you say you are. They may also involve a medical expert who claims that your medical records do not reflect the amount of pain that you claim on your end.

Insurance companies will often use pre-existing conditions to deny claims as well. They may acknowledge that you were in a car accident and received injuries. But they may try to minimize those injuries by pointing to a pre-existing condition or an injury that happened in the past. In some cases, this past injury has nothing to do with the new injuries. Nonetheless, insurance carriers know that they can use this tactic to deny claims.

These tactics allow them to deny that their client caused your injury. If they can’t fully deny your claim, they’ll downplay the costs associated with your injury. For instance, they may only offer enough to cover your immediate expenses. In reality, lots of injuries will have costs associated with them long after the first few medical bills are paid. Some injuries will require rehabilitation appointments, while others might require another surgery a few years later. These future medical events should be accounted for when calculating a proper settlement amount. To protect the value of your claim, it’s best to have a personal injury attorney representing your best interests.

Your Own Actions

Another way insurance companies deny claims is by saying your injuries aren’t serious because you didn’t seek immediate medical attention. Insurance companies know that there are many reasons why claimants do not seek medical attention right away. Yet they still use this as a common way to deny personal injury claims. This is why it is so important to seek medical attention as soon as possible, even if you are unsure of the severity of any injuries. Not only does immediate treatment prevent injuries from worsening, but it also prevents insurance carriers from using their common tactic to deny your claim.

Similarly, insurance companies will point to a claimant’s failure to file a police report right away as another reason to deny a claim. Although it does make it harder to prove another party caused your injuries, it is not a reason to completely deny a claim.

These tactics have no end. In fact, it is very common for insurance companies to go to a claimant’s social media page in order to find proof that they are not injured. A simple photo of you at a wedding or a family vacation at the beach can be used against you to argue that your injuries are not that serious.

Insurance Tactic #3: Defend Against the Claim

Once all the delaying and denying tactics have been exhausted and it is clear that the insurance company will have to pay on the claim, their next tactic is to defend against the claim as much as possible. Again, the idea is to keep any potential settlement or verdict very low. Insurance companies are mega-corporations and have millions of dollars to pay lawyers to defend their claims. Because of this, everyday individuals are often at a huge disadvantage when they face insurance companies in negotiations or court.

Using Their Power

Insurance companies have lawyers on staff and contract with outside law firms and investigators. These lawyers and investigators have only one responsibility. They will try to exploit every legal loophole to help the insurance company defend their position and pay little to nothing for your claim. Insurance companies know that many accident victims will accept these results without question. However, you don’t have to accept a lowball offer. An experienced personal injury attorney can help you to challenge the insurance carrier.

Shifting Fault

Insurance companies often try to shift blame so that they can claim that you are at-fault for the accident and the cause of your own injuries. This is one of many reasons why it is critical to have an attorney representing you and working on your case from the very beginning. Even if you do share some responsibly, that does not necessarily invalidate your claim. As long as you are no more than 50% at-fault, you can still collect from the other side’s insurance company.

Before you have a lawyer, an experienced insurance adjuster might tell you that you have to give them a recorded statement. And if you comply, they often ask unfair questions. For example, instead of asking how the accident happened, they might ask what you could have done to avoid the accident. A statement is not required, so don’t give one without the advice of your lawyer.

Cases can also become complicated when insurance companies shift blame to a completely different party. For example, insurance companies may say that a parts manufacturer is responsible for the car accident or that the company who loaded the semi truck’s trailer is actually the responsible party. This tactic of shifting fault can be pulled out late in the game. And it often confuses those who are not represented by a qualified personal injury attorney.

Why Don’t Insurance Companies Want to Pay?

When insurance companies avoid paying, they make more money for themselves. Their business model may partially rely on delaying, denying, and defending claims. Denying a claim means the company doesn’t have to immediately pay out what could be tens or hundreds of thousands of dollars. Likewise, minimizing valid claims means they still pay some, but are saving money compared to if they had paid fair value. When companies know they have to pay a sizable settlement, they may resort to expensive law firms to defend them in court. They do this not because they truly believe that their company holds no responsibility for the accident. They take this approach because a good legal team–though expensive–is sometimes less expensive than immediately paying a settlement. Further, it allows the carrier to hold on to their money for as long as possible.

The point is, insurance companies are not on your side. Despite the jingles, in our opinion you are not always in good hands, you might not get treated like a good neighbor. Based on our experience, insurance adjusters have one job and one job only. They try to keep their employer’s profits high and costs low. This is why it is imperative that you hire a qualified personal injury attorney to advocate for maximum compensation for your injuries.

Contact an Experienced Chicago Attorney to Fight for You

If you or a loved one has been injured because of someone else’s negligence, speak with an attorney at Abels & Annes today. Do not fall victim to the delay, deny, and defend tactics of insurance companies. Instead, let our experienced attorneys fight insurance companies for you and get you the compensation you deserve. Our initial evaluations are always free. Contact us online or by phone at 312-924-7575.

Damages in a Personal Injury Case Explained

Learn about the types of damages that you can be compensated for in a personal injury case.

If you were injured due to another person’s negligence, you can seek compensation from whoever caused or contributed to your losses. These losses are referred to as “damages” in a personal injury claim.

Damages can be divided into two basic categories: compensatory and punitive. Compensatory damages are meant to compensate a person for a financial or personal loss. Punitive damages are meant to punish the defendant and hopefully prevent them from doing something similar again. Compensatory damages can further be divided into economic and non-economic damages.

These types of compensation are extremely important after an injury because medical treatment and other costs can be expensive. If another person or company decided to disregard your safety or health, you should not be left to deal with the consequences on your own.

Most Americans cannot afford an unforeseen expense of even $1,000. This is problematic, considering the average cost of a single emergency room visit exceeds $1,300. The amount most people have in savings and the cost of medical care in the US is miles apart. Once you consider other financial costs an injury creates, like doctors’ visits, rehabilitation, and lost wages while you’re unable to work, things can get gloomy.

When you are the victim of someone else’s negligence, there are legal resources available to help get you back on track. The attorneys at Abels & Annes can explain your potential options and how you can seek compensation after you were injured in an accident.

Compensatory Damages: Economic and Non-Economic

Compensatory damages are broken down into two categories: economic and non-economic damages. They are also referred to in the legal industry as special (economic) and general (non-economic) damages. These two types of damages seek to reimburse or compensate an injured person for the harm they have suffered due to an auto accident, slip and fall, medical malpractice, wrongful death, or some other type of personal injury claim.

Economic Damages (Special Damages)

Special damages, also known as economic damages are losses that can easily have a monetary value placed on them. Some common examples would be medical bills, lost income, and property damage.

Medical Treatment

Personal injuries contribute to the 530,000 annual bankruptcies caused by medical debt each year. Medical treatment following a personal injury typically costs thousands of dollars. However, our law firm often works on injury cases with medical bills well into the six-figure range. The amount of debt can quickly become overwhelming.

Medical expenses that can result from a car accident injury include:

  • Hospital bills
  • Physical therapy
  • Ambulance fees
  • Medical appointments
  • In-home medical services
  • Prescriptions
  • Diagnostic testing, such as an MRI or CT scan
  • Surgical costs

Your attorney may also need to calculate future medical expenses, especially if you will need additional medical treatment at the time your claim is settled. Sometimes, injuries require ongoing medical care, like multiple surgeries, ongoing physical therapy, and treatment to manage chronic pain. In these situations, compensation for future medical expenses may be necessary.

Lost Income

More than likely, an injury will force you to take time off from work to receive treatment and recuperate at home. Your doctor may order you off work for a period of time to recover. The income you lost due to time off can be included in your personal injury claim. Similarly, an injury can significantly change your ability to earn money in the future. For example, chronic pain could make it impossible for you to go back to work as a mechanic. This may force you into a lower-paying job, or worse, permanently disable you. A personal injury attorney can demonstrate these long-term effects on your income in order to successfully pursue sufficient compensation.

Property Damage

The final main category of compensatory damages has to do with property damage incurred because of the accident. Whether your property (like your car or motorcycle) is damaged or completely destroyed, this is part of your claim against the defendant. This can include the cost of repairs or the cost to replace your vehicle. Property damage is typically resolved early on and separately from your bodily injury claim.

Non-Economic Damages (General Damages)

General damages are meant to compensate an injured person for non-monetary damages due to an injury. They are called general damages because they are the opposite of “specific” damages. They are also referred to as non-economic damages. Most personal injury victims incur some type of non-economic damages, including pain and suffering, emotional distress, or loss of consortium or companionship.

Pain and Suffering

Pain and suffering is probably the most well-known because it is usually the biggest component of non-economic damages. There’s no universal definition for pain and suffering, which makes both the overall concept and how you calculate the amount of pain and suffering subjective. However, they typically include:

  • Physical pain caused by an injury
  • Disfigurements, such as a scar from a laceration or burn
  • A physical impairment, such as an injury that makes it difficult to move around
  • Physical discomfort caused by necessary medical treatment (like surgery)
  • Mental anguish over the trauma or loss
  • Loss of quality of life
  • Other reasonable physical or psychological effects caused by the accident or injury

You may have noticed that the last item on the list includes the word “reasonable”. This is because pain and suffering damages can be a slippery slope. Everyone realizes that a serious injury will cause some amount of pain and suffering, but if this concept is taken too far it can backfire. For this reason, it is important to have an experienced personal injury attorney on your side. Your attorney will help determine how much pain and suffering compensation you should ask for based on their experience, past settlements and verdicts from similar cases, and the severity of your injuries. An experienced personal injury attorney will have a history of negotiating damages for their clients and can help advise you as an appropriate settlement demand amount.

Emotional Distress

Serious cases can include mental and emotional anguish suffered by the plaintiff. This type of compensation is usually reserved for cases involving birth injury, wrongful death, or some other similar type of serious incident. Emotional distress compensation is not something that is usually awarded in your average car accident claim.

Loss of Consortium or Companionship

Loss of consortium (also known as loss of companionship) is the deprivation of intimacy and companionship due to a death or injury. This may include the loss of affection, partnership, and intimacy. This type of compensation is very specific to certain types of claims and is often awarded in cases involving a death. In Illinois, both spouses can seek compensation for loss of consortium.

Punitive Damages

Punitive damages are their own category of damages and are only awarded when the wrongful behavior of the defendant was fraudulent, intentional, or willful and wanton. They are meant to punish the at-fault party and to deter them and others from doing something similar in the future. They are not awarded often. In Illinois, your lawyer would have to bring a pretrial motion and ask the court for leave to file an amended complaint that includes a count for punitive damages under 735 ILCS 5/2-604.1.

Contact a Personal Injury Attorney

If you or a loved one has suffered a personal injury of any kind due to the negligence of another person or company, contact Abels & Annes. We will be happy to discuss what damages you could potentially be compensated for and your legal options. Our attorneys have decades of experience in all areas of personal injury and will use that experience to secure you the most compensation possible. For a free case evaluation, call us at (312) 924-7575 or contact us online.