Auto insurance claims in Illinois are governed by specific rules detailing the amount an injured party can receive as compensation for his injuries and the time in which such claims must be filed. Failure to abide by these rules can lead to an injured party missing out on the opportunity to receive money for his injuries.
Punitive Damage Caps in Illinois
Punitive damages in Illinois are awarded when the party responsible for the accident acted with evil intent or motive. However, the amount of compensation for these damages that can be awarded is limited to three times the amount of economic damages. Therefore, courts will often calculate the amount of economic damages separately from noneconomic damages to enable quick calculation of the amount of punitive damages should it be necessary in the future. Punitive damages are not awarded by an insurance company in an accident claim.
Additionally, Illinois law prohibits an injured party from requesting punitive damages in the original complaint. Rather, a request for punitive damages must be filed at a later date and be proven by showing that the responsible party acted with malice.
Review of Excessive Damages
Illinois law allows courts to review and reduce the amount of damages awarded by a jury, should the court feel that the amount is excessive. This can be done by the court hearing the case and not by an appellate court, although the appellate court can also review and remand the damage award should it feel it is excessive upon petition by the defendant.
Personal Injury Statute of Limitations in Illinois
To obtain compensation for a personal injury in Illinois, the injured party must file suit within two years of being injured. If the injury was not immediately known or discoverable, the injured party must file his claim within two years of the injury being made known or appearing. Not filing within this two year period could preclude the injured party from receiving compensation.
Property Damage Statute of Limitations in Illinois
Illinois has also set a time limit for claiming property damage resulting from an accident. In Illinois, a party that experienced property damage from an auto accident must file suit for compensation for that damage within five years of the damage occurring. This statute includes filing a property damage claim against an insurance company. Failure to file within this time limit may result in the claim or case being denied or dismissed.
Obtaining Legal Advice
If you have been injured in an auto accident, consider obtaining legal advice and representation. An attorney will review the facts of your case and Illinois laws regarding damage caps and time limits and advise you on the proper course of action for you to obtain compensation for your injuries.
