Damages in Chicago Car Accident Cases

Damages in Chicago Car Accident Cases

Car Accident Claims-Sick Days, Vacation, And Lost Wages

Accident victims in Illinois have the right to seek special damages in car accident claims. Special damages include any loss related to the accident but are not a direct result. For instance, medical bills are damages directly related to a collision. By way of comparison, sick days or vacation days taken from work to heal from your crash-related injuries are special damages. The claimant, who in court is called the plaintiff, has the burden to prove the value of the special damages.  The personal injury attorneys at Stein & Shulman are accomplished professionals who understand the law and have the experience to prove your losses, including special damages.

Special Damages an Experienced Auto Accident Attorney Will Argue for on Your Behalf

Special damages are theoretically easy to understand but can be tricky to prove. An award of special damages is not automatic. At trial, the jury has the authority to believe or disbelieve your claim of special damages. In other words, just because you claim it, does not make it so. You need concrete and believable evidence to prove your special damages. Your special damages should be presented to the jury in a way that allows them to see that your special damages naturally flow from the car accident.  If correctly displayed to the jury, the jury will be persuaded that they must compensate you for your all of your losses. Experienced and savvy personal injury attorneys know how to do this.

Your employer can be of great help to you in your efforts to prove special damages. Here is how:

A) Your human resources director or other superior with direct knowledge of your salary and other benefits can testify at trial or provide evidence that you took several sick days or missed a number of days of work immediately after your accident.

B) Your employer can give evidence of your hourly wage and other benefits your employer provides you. Thus, if you earn $20 per hour and you took four sick days or missed work, working eight hours per day, then you can claim $320 loss.

C) If you do not have accrued sick time but have vacation time as part of your benefits package, you would use the same analysis if your accident forced you to miss work. The proof does not simply come from you as the plaintiff taking the witness stand and stating that you missed work. Instead, you offer proof from your employer and use employment documents to show how much you make and how much work time you missed.

Special damages relating to work can also refer to lost opportunities. Perhaps you were working toward a promotion and lost out because you missed work because of your accident or you were denied the opportunity to make sales thereby losing out on commissions. What if your accident forced you to delay a project, or you could not close a deal due to your injuries? Justice would not be done if you were denied the chance to request compensation for those losses. As with all other claims for special damages, you must prove the lost opportunity. You could have your customers testify about the deals you could not close because you were not able to work, as an example of how to prove a lost commission. Your boss could testify that you were in line for a promotion, but your employer had to pass you over because you could not work because of your injuries.

Free Case Review – Over 45 Years of Combined Experience!

You Deserve Compensation For Your Sick Time, Vacation Time, and Lost Wages

The Chicago car accident law firm of Stein & Shulman would fight to win you the compensation you deserve for all of your losses from a car crash, including used sick time, vacation time, and lost wages. Learn how we can help you by calling Stein & Shulman, LLC right now at (312) 422-0500.  The conversation is FREE. There is no fee unless we are successful on your behalf. The auto accident lawyers from Stein & Shulman are available 24/7 to meet your needs and address your concerns.

Stein & Shulman, LLC
134 N LaSalle St, #820
Chicago, IL 60602
(312) 422-0500
Hours: We are Open 24/7
Directions to Our Office

Source:

Hinnen v. Burnett, 495 NE 2d 141 – Ill: Appellate Court, 5th Dist. 1986