The term “damages” simply refers to the loss the injury has caused you. Damages can include, among other things, financial harm in the form of lost wages and medical bills and intangible harm such as pain and suffering. A lawsuit determines what compensation you are owed because of the economic, physical or mental harm you have suffered.

In a personal injury lawsuit, the injured person is the plaintiff, who files suit against the person or company that is legally responsible for the injury (i.e., the defendant or an insurance company). During the discovery process, both sides learn what evidence may be presented to a judge or jury. The vast majority of cases are resolved by a negotiated settlement, but it is sometimes necessary to take a case to trial. In either case, the amount of the settlement or verdict depends on a number of factors.

The primary category of damages in a personal injury lawsuit is compensatory damages, which are intended to make the plaintiff whole by providing monetary compensation for an injury. Some damages, such as medical expenses or property damage, are fairly simple to calculate. But other damages, such as pain and suffering, are not as easy to determine. Compensatory damages can also include loss of income, emotional distress and loss of enjoyment. When the spouse of the injured person is a plaintiff, damages can include loss of consortium.

Monetary awards in a personal injury lawsuit can also include punitive damages, which are awarded when the defendant’s behavior is judged to be not merely negligent but particularly egregious or reckless. The purpose of punitive damages is to punish the defendant and deter such conduct by others.

Damages may be reduced based on the plaintiff’s conduct. The State of Illinois is a modified comparative negligence jurisdiction. Comparative negligence refers to situations when the plaintiff shares fault for an injury, for instance when two drivers each make errors that contribute to a collision. Under the law of modified comparative negligence, an injured party can only be compensated if he or she is less than 50 percent responsible for the injury, and the amount of damages that can be awarded are determined by the percentage that each party contributed to the injury.

Paul Greenberg is a Chicago personal injury lawyer and Chicago personal injury attorney with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com.

The states vary in the restrictions they place on drivers’ cell phone use, with some prohibiting any use of handheld devices while driving and others having no restrictions. In Illinois, cell phone use is prohibited in construction areas and school zones, and drivers under the age of 19 may not use their phones while on the road. Commercial drivers may not use handheld devices while driving. The City of Chicago and some other municipalities have banned the use of handheld devices while driving.

As governments have moved to restrict cell phone use, automakers have been introducing technology that connects electronic devices with the automobile, so that the car can alert the driver to incoming calls or read text messages aloud. Ford’s approach is based on the idea that some situations are particularly dangerous.

Ford’s biometric steering wheel measures the driver’s heart rate, using the same technology found in gym equipment. Infrared sensors measure the driver’s body temperature, and the seat belt contains a piezoelectric sensor to detect the driver’s rate of breathing.

The new technology also measures traffic flow around the vehicle, using tools already available on current vehicles. There is a front-facing camera that measures traffic density in the lanes ahead and a blind spot detection device that uses sonar.

Another set of sensors measures the controls of the automobile itself: speed, acceleration, braking activity and steering wheel position. Lateral acceleration and yaw rate (changing lanes and turning corners) are also measured.

The combination of sensors is used to determine whether a particular driving situation requires the motorist’s full attention. The technology can then temporarily disable access to the driver’s handheld device. The system will use an algorithm to determine whether the combination of traffic conditions and the driver’s stress level indicates that a distraction may be particularly dangerous at that moment.

The new technology builds on Ford’s existing MyKey system, developed for younger drivers. MyKey allows parents to program a vehicle to block text messages and phone calls while the car is in motion and limit the car’s top speed and top radio volume. In addition, if the front seat passengers don’t buckle their safety belts, the audio system is muted.

Paul Greenberg is a Chicago car accident lawyer and Chicago car accident attorney with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.