3. Critical Damages Issues
The critical damage issue is the nature and extent of the damages allegedly suffered by Allison and the costs associated with any treatment. The issue of causation is always a factor, as the plaintiff must prove that any alleged wrongdoing by The Hope School caused damages to Allison. Under Illinois law, if liability is determined, a plaintiff will be able to recover for: (1) the disfigurement resulting from the injury; (2) the disability experienced and reasonably certain to be experienced in the future as a result of the injuries; (3) the pain and suffering experienced and reasonably certain to be experienced in the future as a result of the injuries; (4) the reasonable expense of necessary medical care, treatment and services rendered; (5) the value of earnings lost and the present cash value of the earnings reasonably certain to be lost in the future; (6) the loss of a “normal life;” and (7) the …show more content…
In response, we requested that the plaintiff provide us with information that supports her contention of abuse and claim for damages. The plaintiff has provided us with her consultant’s report discussed above. Our consultant has reviewed the report and is of the opinion that the report is defective for the above-stated reasons. We have relayed this information to the plaintiff’s attorneys, and although they disagree with our consultant’s assessment of their consultant’s report, they have requested that we engage in settlement