Personal Injury and the Cost of Winning

personal injury, personal injury case, Orland ParkGetting a favorable judgment in a civil trial is a daunting task. Depending on the type of litigation you were involved in, it can also be a very expensive endeavor.  Many people are aware that you can recover damages for medical billslost wages, and pain and suffering. However, there are other avenues of compensation that are less readily known and include the following:

  • Fees for the subpoena of witnesses;
  • Statutory fees for witnesses; and
  • Fee’s associated with deposition administrative tasks.

What Other Costs May I Be Entitled To?

A skilled and experienced Orland Park personal injury attorney would be able inform you of any other costs to which you may be entitled. Different courts in Illinois have different rulings about what a prevailing party may recoup by way of court costs and fees.

For example, generally, in Illinois, courts will allow the winning side to collect the fees for digitally recording testimony used at trial. However, in the Third District of Illinois, this is not the case as the courts have disallowed recovery of those fees.

Generally speaking, courts in Illinois will allow recovery of the fees resulting from having a court reporter at the trial. However, the First District Courts of Illinois have barred recovery for those fees.

Is There Anything I Definitely Will Not Be Able to Recover?

Yes, there is a consensus among Illinois courts that there are certain costs that a losing party will not be responsible for to the winning side. These include but are not limited to:

  • The cost for the use of an interpreter;
  • The cost of a witness subpoenaed but not used at trial; and
  • The cost for an expert witness.

When Are Punitive Damages Awarded?

Usually, damages awarded in a civil lawsuit are not meant to punish the other side. The damages are intended to make the plaintiff whole again or in the same position as he or she was in before the defendant caused the injuries they did to them. However, in certain cases, the court may award punitive damages.

Punitive damages are monies awarded to a plaintiff because of the egregious behavior of the defendant. Sometimes they are awarded to send a public policy message to deter other entities from engaging in the same behavior.

Punitive damages are rare and often contested. It is important that you speak with a knowledgeable Illinois personal injury attorney to find out if you may have a case where punitive damages may be awarded.

Have a Case?

If you or a loved one has a civil lawsuit against another party that has caused you injury or damages, contact a skilled Orland Park personal injury attorney today. Our staff handles a wide range of civil issues including vehicle accidents, wrongful death, slip and fall accidents, and dog bite injuries. Contact our Orland Park office at 708-633-6005, and schedule a free consultation so we can get our staff working together to pursue your interests and defend your rights.

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K2-604.1

https://illinoiscomptroller.gov/agencies/statutorily-required-reporting/copying-fees-adjustments/

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James A. Payonk, Jr.

~ Attorney at Law ~

10705 W 159th St.
Orland Park, Illinois 60467

(708) 633-6005