What Are "Damages" in a Springfield Personal Injury Case?

 Posted on January 13, 2026 in Personal Injury

If you are injured because of someone else’s actions, your losses are known as "damages." As of 2026, Illinois personal injury cases still focus on proven losses, clear documentation, and how the injury’s impact on a person’s life now and in the future. Understanding how damages work can help you know what your case may involve and what steps matter early on.

If you have questions about your situation, speaking with the Peoria, IL personal injury lawyers at Kanoski Bresney can help you understand how Illinois law applies to your claim.

What Does the Term "Damages" Mean in an Illinois Injury Case?

In legal terms, damages are the losses connected to an injury. These losses can be financial, physical, or emotional. In Illinois, damages are meant to compensate an injured person for what they experienced because of an accident.

Damages are not automatic. The injured person must show that another party was legally responsible and that the damages claimed are directly tied to the injury. This is why medical records, bills, and other documentation play such an important role.

What Types of Damages Are Available in a Springfield Personal Injury Case?

Illinois law recognizes several categories of damages in personal injury cases. Each category addresses a different kind of loss.

Economic Damages

Economic damages are the financial losses caused by an injury. These are usually easier to measure because they are based on records and paperwork.

Common examples include medical bills, future medical care, lost wages, reduced ability to earn income, and out-of-pocket expenses related to treatment or recovery.

Non-Economic Damages

Non-economic damages address the personal impact of an injury. These losses do not come with receipts, but they can still be significant. They are meant to reflect how an injury affects daily life, comfort, and emotional well-being.

Non-economic damages may include physical pain, emotional distress, mental suffering, and loss of enjoyment of life. There used to be a cap on non-economic damages in certain injury cases, but the Illinois Supreme Court struck that down and it is generally not enforceable today.

Punitive Damages in Limited Situations

Punitive damages are rare in Illinois personal injury cases. They are only available in unusual situations involving intentional conduct or extreme recklessness and are meant to punish certain behavior and discourage it in the future.

Does Fault Affect the Damages You Can Recover in Illinois?

Illinois follows a modified comparative fault rule under 735 ILCS 5/2-1116. A person may seek compensation only if their share of responsibility for the accident is under 50 percent.

If the injured person shares some fault, their damages are reduced by that percentage. If they are found to be 51 percent or more responsible, they generally cannot recover damages.

What Evidence Is Used To Prove Damages in Illinois?

Proving damages requires evidence that shows both the injury and its impact. Simply explaining what happened is usually not enough.

Common evidence includes medical records, treatment plans, bills, employment records, and testimony about how the injury affected daily life. In some cases, expert opinions may be used to explain long-term medical needs or future limitations.

How Can You Strengthen a Damages Claim in a Springfield Personal Injury Case?

The strength of a damages claim often depends on what you do after the injury. Clear records and consistent follow-through can make it easier to show the full impact of what happened.

Steps that often help strengthen a damages claim include:

• Following all medical treatment recommendations and attending appointments

• Keeping copies of medical bills, test results, and work restrictions

• Documenting missed work, reduced hours, or job limitations caused by the injury

• Noting how pain or physical limits affect daily activities and routines

These steps help show both economic and non-economic damages. The clearer the documentation, the easier it is to explain how the injury changed your life.

Schedule a Free Consultation With Our Springfield, IL Personal Injury Attorneys

If you were injured and have questions about what damages may be available, we can help. Our team brings more than 100 years of combined experience handling personal injury cases across Illinois. Attorney Todd Bresney previously worked at the Federal Trade Commission and as a State’s Attorney for Cook County, giving him insight into how cases are reviewed from multiple perspectives.

Call 888-826-8682 to schedule a free consultation with the Peoria, IL personal injury lawyers at Kanoski Bresney and get clear guidance on how damages may apply in your personal injury case.