A jury in Los Angeles awarded $4.9 billion to a family who filed a lawsuit against General Motors after six passengers suffered permanent, disfiguring injuries whentheirGM van exploded in an automobile collision. The jury ordered GM to pay $107.6 million in compensatory damages and $4.8 billion in punitive damages.
Top 50 Motor Vehicle Accident Settlements in the United States in 20191Amount:$37,350,000.00Case:Burley v. Johnson Supply and Equipment Corp., et al.Type:Car Accident, Motor Vehicle Accident, Personal Injury, Truck Accident, Wrongful Death, Brain Injury, Emotional Distress, Head-on Collision, Catastrophic Injury203 more rows
In Illinois, there are no caps on damages. The law was overturned just five years later because the court determined it violated the Illinois Constitution's separation of powers clause. The court ruled that decisions regarding damages should be reserved for judges and juries.
A good rule of thumb is that pain and suffering damages are generally one-to-three times the amount of your medical bills and lost wages. For example, if your medical bills and lost wages total $50,000, you can expect pain and suffering damages anywhere from $50,000 to $150,000.
The average settlement amount for a car accident is approximately $41,783.00. This figure may be high in comparison to national averages across the United States because the data includes more car accident settlements involving serious injuries.
If you and the insurance company are able to agree on a fair settlement, the process to receive your check typically takes around four to six weeks. The insurance company will have you sign a release form.
For the most part, emotional distress law IL follows the impact rule. According to the impact rule, the victim must be physically hurt as well as mentally suffering in order to claim emotional distress in their lawsuit.
Generally speaking in Illinois, money received as a result of a judgment or settlement in Illinois is not taxable as gross income.
These damages can include economic damages, non-economic damages, wrongful death damages, and punitive damages. Economic damages are generally easier to prove and are more objective in nature. They typically include damages that have had a monetary impact on the victim.
The Illinois Supreme Court first recognized negligent infliction of emotional distress as a cause of action in Braun v. Craven. The Braun court held that a plaintiff seeking to assert a claim for negligent infliction of emotional distress was required to allege and prove a contemporaneous physical injury or impact.
For example, if you had $50,000 in medical costs and other hard costs, and your suffering was rated at about a 3, then the pain and suffering damages should come to about $150,000 (3 x $50,000 = $150,000).
To prove a claim for intentional infliction of emotional distress in California a plaintiff must prove that:The defendant's conduct was outrageous,The conduct was either reckless or intended to cause emotional distress; and.As a result of the defendant's conduct the plaintiff suffered severe emotional distress.