Illinois waterways attract thousands of residents and visitors each year. With that volume of maritime activity comes significant risks. According to the Illinois Department of Natural Resources, Illinois waters saw 81 reportable boating incidents in 2025, resulting in 37 injuries and 12 fatalities — a 28.6 percent increase in incidents and a 15.6 percent increase in injuries compared to the previous year. If a negligent boat operator, a defective vessel, or a dangerous waterway condition caused harm to you or a loved one, you could be entitled to financial compensation under Illinois law. However, determining the full value of a boating claim is a complex process, making it important to consult an experienced attorney.
The majority of compensation you may receive in an Illinois boating injury settlement can be categorized into economic and non-economic damages. In this context, the term “damages” refers to the monetary remedies you obtain as compensation for losses you suffered due to another party’s misconduct. Illinois recognizes both categories of damages in personal injury claims, and it is important to understand the distinction between them when calculating a boating injury settlement.
At Salvi, Schostok & Pritchard P.C., our attorneys have recovered more than $3.5 billion for injured clients across Illinois to date, including more than 400 verdicts and settlements of $1 million or more. If you have been injured in a boating incident in Illinois, we are prepared to put our experience and resources to work for you. Contact us today for a free consultation with a Chicago boat accident injury lawyer.
Economic Damages and Personal Injury in Illinois
Economic damages are meant to compensate you for the concrete, measurable financial losses you incur as a result of your boating injury. These losses carry a specific dollar value that attorneys, insurers, and courts can calculate based on factors such as bills, records, wage documentation, and expert projections.
In an Illinois boat accident injury claim, economic damages typically include compensation for:
- Medical bills: Costs associated with your medical treatment, such as the costs of emergency care, hospitalization, surgery, physical therapy, prescription medications, and any future care your physicians believe will be necessary
- Lost wages: Any income you lost while you were unable to work due to your injuries
- Loss of earning capacity: The difference between what you could have earned and what you are now able to earn if your injuries permanently affect your ability to work
- Property damage: The costs of repairing or replacing any personal property damaged in the incident, such as your boat, boating equipment, or personal belongings
Out-of-pocket expenses: Documented expenses you incurred as a direct result of the injury, such as the costs of transportation to medical appointments
Economic damages are tied to verifiable records and expert testimony, so they are generally easier to prove than non-economic damages. However, the process of calculating future medical costs and lost earning capacity requires experienced legal advocacy and, in many cases, testimony from medical and financial experts.
What Are Non-Economic Damages?
The purpose of non-economic damages is to compensate you for the intangible, subjective losses that your boating injury has inflicted on your life and well-being. These losses are genuine and often profound, but they do not appear on any bill or pay stub, making them more difficult to calculate.
Non-Economic Damages: Pain and Suffering in Illinois
Pain and suffering is the most widely recognized category of non-economic damages in boating injury settlements in Illinois. It encompasses both the physical pain caused by your injuries and the emotional distress that follows. Illinois courts recognize several distinct components under this umbrella:
- Physical pain and suffering: The actual bodily pain caused by your injuries and the ongoing discomfort associated with your recovery or permanent impairment
- Emotional distress: Psychological effects that result from the incident or the injury itself, such as anxiety, depression, post-traumatic stress disorder (PTSD), and sleep disturbances
- Loss of enjoyment of life: The reduced ability to participate in any hobbies, recreational activities, or other aspects of daily life that you valued before the incident
- Loss of consortium: The loss of companionship, support, and marital intimacy that your spouse or close family members suffer due to your condition
How to Prove Non-Economic Damages
Non-economic damages require a different evidentiary approach than economic damages. Because there are no invoices to document pain or grief, attorneys usually rely on a combination of evidence to establish these losses for a court or an insurer. This evidence may include:
Your own testimony describing your daily experience with pain and limitations
Testimony from loved ones who have observed changes in your mood, behavior, and abilities
Medical records and physician testimony describing the nature and severity of your injuries
Mental health records documenting diagnoses such as anxiety or PTSD
Journal entries or other personal documentation you maintained after the incident
The strength of the evidence you present directly affects the types and amounts of non-economic damages you may receive. The attorneys at Salvi, Schostok & Pritchard P.C. can help you prepare a thorough, well-documented case for non-economic damages that accounts for the full scope of the suffering you have experienced.
How to Calculate Non-Economic Damages
Unlike medical bills and other economic losses, non-economic losses have no fixed dollar figure. Illinois personal injury attorneys and insurance adjusters typically rely on one of two methods to arrive at a value for non-economic damages:
- The multiplier method: This method involves assigning a number, typically between 1.5 and 5, and multiplying it by your economic damages to calculate your non-economic damages. More severe injuries typically demand higher multiplier values.
- The per diem method: The per diem, or “per day,” method assigns a daily dollar value to your pain and suffering, often based on your typical daily earnings. Then, your attorney multiplies that dollar value by the number of days you have experienced or are expected to experience pain and suffering related to the incident.
Neither method is perfect nor universally accepted, and the final figure often depends on the strength of your evidence, the quality of your legal representation, and the willingness of the other party to play fair. A skilled Chicago boating accident lawyer can help you understand which approach is most appropriate for your situation and advocate for a figure that accurately reflects your losses.
Key Differences Between Economic and Non-Economic Damages
Both categories of damages serve the same fundamental purpose: to compensate an injured party after another party’s negligence causes harm. However, they differ in meaningful ways that affect how lawyers pursue them and how courts and insurance companies evaluate them.
Economic damages are objective. These awards rely on documentation, such as medical records, billing statements, employment records, and expert financial projections. Non-economic damages are subjective. They are based on factors like personal testimony, medical opinions, and the broader picture of how an injury has altered your life.
It is worth noting that Illinois does not currently impose a cap on non-economic damages in personal injury cases. This means that, unlike in some other states, there is no statutory limit on how much you may receive for pain and suffering or related losses in Illinois boating accident compensation.
Factors That Influence Boating Injury Settlement Value in Illinois
A range of factors can shape the overall value of a boat accident injury claim in Illinois, including:
- The severity and permanence of your injuries: Serious injuries with longer-lasting effects typically result in higher settlements.
- Proof of liability: Cases in which the other party’s negligence is clearly documented and difficult to contest may resolve in higher settlement values.
- Insurance coverage availability and limits: The types and limits of the applicable insurance policies directly affect how much money is available to compensate you.
- Comparative fault: Illinois follows a modified comparative fault rule, which says that any evidence of negligence on your part can reduce the amount of compensation you receive.
- The quality of your legal representation: The experience, resources, and negotiating strength of the attorney representing you can significantly impact your settlement outcome.
How Insurance Limits Impact Boating Injury Settlements
Illinois boating laws do not currently require recreational boat operators to carry liability insurance. However, state legislators are attempting to change that rule since a lack of coverage can create significant complications for injury victims. If a negligent boat owner or operator carries no insurance or carries a policy with low limits, the compensation available through that policy may fall well short of your actual losses.
In some situations, you may be able to pursue compensation through your own uninsured or underinsured watercraft coverage, assuming you carry boat insurance. An attorney can review all available insurance policies and identify every potential source of recovery on your behalf.
If the available insurance coverage is insufficient to satisfy the full value of your claim, litigation against the at-fault party may be necessary. At Salvi, Schostok & Pritchard P.C., our litigators prepare all cases as though they will go to trial. That approach is designed to position our clients for strong outcomes, even in cases that ultimately settle before court.
How Fault and Liability Affect Your Final Payout
Under Illinois’ modified comparative fault rule, you may recover damages from another at-fault party even if you are partially to blame for your own injuries. This is true as long as your share of fault does not exceed 50 percent. However, in these situations, a court will reduce your total damages award by the percentage of fault attributed to you.
For example, if a court determines that you bear 20 percent of the responsibility for an incident, the maximum damages award available to you would decrease by 20 percent.
This framework makes fault a central issue in every boat accident injury claim in Illinois. Insurers and opposing counsel routinely attempt to blame injured parties to reduce the amount they must pay. An attorney who understands how to document and present evidence of liability can help you push back and protect the full value of your claim to secure maximum compensation.
How a Chicago Boating Accident Lawyer Helps Maximize Damages
At Salvi, Schostok & Pritchard P.C., our attorneys have spent more than 40 years representing seriously injured clients against well-funded insurers and opposing legal teams. That experience informs every strategic decision we make on your behalf in a boating injury claim.
When you work with our law firm, our attorneys will start by conducting a thorough investigation to establish liability, identify all available insurance coverage, and document your economic and non-economic losses with precision. We may also work with medical experts, financial analysts, and other specialists to build the strongest possible case. If an insurer presents a low initial settlement offer or flat-out denial of their liability, we will push back. If negotiations fail to produce fair results, we can take your case to trial.
Our firm is proud to have secured the largest compensatory jury verdict ever awarded to an individual plaintiff in Illinois state history: a $148 million catastrophic personal injury jury verdict. Our record of success reflects not only what we have achieved so far, but also the standard to which we hold ourselves in every case we accept.
Understanding What Your Settlement May Include
A comprehensive Illinois boating accident settlement may include compensation for both economic and non-economic damages, depending on the facts. When you work with an experienced attorney, they can review the full extent of your losses and advocate aggressively for compensation that reflects your past, current, and anticipated future expenses.
No attorney can guarantee a specific outcome, but the attorneys at Salvi, Schostok & Pritchard P.C. are committed to pursuing every dollar you are entitled to receive.
Contact a Boat Accident Injury Lawyer in Chicago
If you have questions about your right to economic vs. non-economic damages in an Illinois boating injury settlement, the attorneys at Salvi, Schostok & Pritchard P.C. are ready to review your case and inform you of your status. Our firm has ranked number one in the Chicago Lawyer Magazine Lawyer two years in a row, and our attorneys stand prepared to fight for the full compensation you deserve.
Contact our office today to arrange a free consultation with a Chicago boat accident injury lawyer. There is no fee unless we recover compensation for you.
