Like most other states, Illinois passed a law that capped how much a plaintiff could be entitled to receive in instances of medical malpractice or medical negligence.
Prior to 2010 the limit for non-economic damages in cases made against a negligent medical practitioner or other health care professional was held in place at $500,000 and $1 million for lawsuits filed against hospitals or other health care facilities.
Changes to the Laws Concerning Wrongful Death in Wheaton, IL
These limits were lifted in 2010 when the cap was declared unconstitutional by the Illinois Supreme Court. Now, there is no limit of any kind in place pertaining to instances of medical malpractice.
Types of Damages
There are two types of damages awarded in a court of law in Illinois. They are:
- Non-economic damages: These represent types of compensation for subjective losses that are difficult to quantify of dollar amounts. They can include compensation for pain and suffering, lost companionship, loss of enjoyment, and other emotional damages.
- Economic damages: As the term might suggest, these are damages relating to monetary concerns and may include payment for diminished earning capacity, reimbursement for lost wages and other financial losses.
In most cases of wrongful death in Wheaton, IL the victim’s family if successful, are typically compensated in terms of economic damages. Only in certain cases where extreme emotional or psychological distress can be proven will the court system be likely to award additional non-economic damages.