A wide variety of statutes passed by the U.S. Congress as well as the state legislature impact each and every personal injury claim — both in how the claim is pursued and in how much financial recovery can be expected from aggressively litigating the lawsuit in court. The growing tort reform movement is actively campaigning to limit the monetary redress available to injured plaintiffs in this state and across the country.
Statutes of Limitations
A statute of limitations is a law that requires certain claims to be brought within a specified period of time. If the claim is not commenced within this period of time, the claim is barred, regardless of its merit. Under Illinois law, personal injury claims – except ones for defamation – must be brought within two years. Any civil lawsuit based upon defamation must be commenced within one year of the harm. When a governmental entity – such as a State of Illinois agency or the Chicago Transit Authority – may be responsible, however, special rules apply that may shorten the time for filing your claim. Unless each of these important deadlines are met, the claim will be barred. Therefore, it is of the highest importance to promptly consult with an attorney who is knowledgeable about the respective statutes of limitations, tort claim notice requirements, and any other limitations or procedural requirements that may apply to your claims.
Punitive Damages
Punitive damages are damages awarded by a jury to the injured party in an attempt to punish and deter the wrongdoer, and others similarly situated, from committing like offenses in the future. Under Illinois law, punitive damages are only allowed in certain types of cases. For example, absent specific statutory authority or very strong equitable reasons, punitive damages are not allowed in Illinois wrongful death cases. Marston v. Walgreen Co., 389 Ill. App. 3d 337 (1st Dist. 2009). Additionally, Illinois does not permit the recovery of punitive damages for medical malpractice, intentional infliction of emotional distress, loss of consortium claims, or claims against a local or public entity. To obtain an award of punitive damages in all other cases, the plaintiff must prove, by a preponderance of the evidence, that the defendant acted with fraud, actual malice, deliberate violence or oppression, willfully or with gross negligence.
While there is no statutory cap or limit on the amount of punitive damages that a jury may award under Illinois law, the United States Supreme Court has weighed in on the issue. A jury’s determination must be “reasonable” compared to the defendant’s horrible conduct (BMW of North American, Inc. v. Gore); the punitive damages have to be based upon the acts of the defendants that harmed the plaintiffs in the case before the jury (State Farm Mutual v. Campbell); and the jury can consider harm to others when deciding how malicious the defendant’s actions were (Philip Morris USA v. Williams).
Workers’ Compensation
In an attempt to increase fairness and efficiency of resources for employees, many states – including Illinois – have passed statutes implementing a Workers’ Compensation Act. Illinois’ Act sets up a schedule of damages that are provided to workers injured on the job while working in the State of Illinois. This is a “no‐fault” statute, meaning there is no determination of who is to blame for the injury. Rather, applicable benefits are covered by the employer – or, more typically, the employer’s insurance carrier. These benefits include medical treatment paid for by the employer, temporary total or partial disability benefits, vocational rehabilitation/maintenance, and permanent impairment benefits. The Workers’ Compensation Act, however, does not permit damages for pain and suffering.
Workers’ CompensationActs do not allow you to sue your employer for your injury. There is no lawsuit. There is no trial by jury. Rather, a claim is filed with the Illinois Workers’ Compensation Commission, which then adjudicates the claim. Employees not satisfied with the Commission’s determination must follow an established administrative review process. It is important to recognize that, while you may not be allowed to sue your employer when injured on the job,there are many work‐site injury situations where claims for damages can be made. It is important to contact an attorney knowledgeable in the nuances of these laws and factual scenarios.
Medical Malpractice
A legal claim for medical malpractice seeks a remedy for serious injury or death caused by the medical mistake of a doctor, nurse, hospital, or other health care provider. Under Illinois law, claims for medical malpractice must be brought within two years of the date you became aware of – or should have become aware of – the medical malpractice that led to your injury. However,regardless of when you discover your injury, your claim must be brought within four years of the date the malpractice occurred. Some exceptions to these rules apply, and thus it is important to consult with an attorney knowledgeable in the area of Illinois medical malpractice law.
Illinois has attempted to implement various tort reform efforts over the last couple decades. These attempts have centered around limiting the amount of “non‐economic” damages – pain, suffering, physical impairment, disfigurement, etc. – that may be awarded. The Illinois legislature first attempted to limit these damages in 1995. However, the Illinois Supreme Court ruled this law to be unconstitutional. Best v. Taylor Machine Works, 179 Ill. 2d 367 (1997). In 2005, the Illinois legislature again attempted to limit the amount of non‐ economic damages that can be awarded in a medical malpractice case to $500,000 in claims against individual doctors and $1,000,000 in claims against hospitals. The Illinois Supreme Court again declared this limitation unconstitutional. Lebron v. Gottlieb Mem. Hosp., 237 Ill. 2d 217 (Ill. 2010).
If you or a loved one has been seriously injured or killed due to the wrongful acts of another, then you may have a legal claim for damages as well as the right to justice against the wrongdoer and you are welcomed to contact the Northwest Indiana and Chicagoland personal injury lawyers at Allen Law Group to schedule a free initial legal consultation.
