If you’ve been injured in an accident in Illinois, you may be able to recover compensation for more than just your medical bills and lost wages. Pain and suffering damages are a key component of many personal injury cases.
These damages are designed to compensate victims for the physical discomfort, emotional distress, and diminished quality of life resulting from their injuries. Understanding how these damages are calculated is essential to ensure you receive the compensation you truly deserve.
What Are Pain and Suffering Damages?
Pain and suffering damages are considered non-economic damages. They do not have a direct monetary value like medical bills or lost wages, which are examples of economic damages. Instead, non-economic damages are intended to compensate you for the intangible impact of your injuries.
In Illinois, non-economic damages are a critical part of personal injury claims. These damages can be subjective and difficult to quantify. That is why careful documentation and legal strategy are essential to your case.
How Are Pain and Suffering Damages Calculated in Illinois?
There is no single formula for calculating pain and suffering damages. Illinois courts and insurance companies often use a combination of methods. These methods include:
Multiplier Method
This method multiplies your economic damages by a number typically ranging from 1.5 to 5. The multiplier will depend on the severity of the injuries you suffered.
For example, if your medical bills and lost wages total $50,000, and your injuries are moderate, an attorney may use a multiplier of 2.5. In this situation, you could potentially recover $125,000 in pain and suffering damages.
Per Diem Method
This approach assigns a daily rate for each day you experience pain and suffering. The daily rate can be based on your income or another reasonable measure. This number is then multiplied by the number of days you are affected by the injury. This will usually include recovery and rehabilitation periods.
For instance, if your assigned daily rate is $150, and your recovery period lasts 200 days, your pain and suffering damages using this method could total $30,000.
Consideration of Injury Severity and Impact
Insurance companies and courts will also consider the nature and severity of your injuries.
When you take these factors into account, you should consider:
- Permanent disability or disfigurement
- Length of recovery
- Chronic pain or ongoing medical treatment
- Psychological effects, including anxiety or depression
A strong case for pain and suffering requires clear documentation of these factors. An experienced personal injury attorney can provide crucial guidance in this area.
How to Prove You Have Experienced Pain and Suffering
Proving pain and suffering requires more than simply telling an insurance adjuster that you have pain.
Evidence is key, and proving up your case may entail providing:
- Medical records. Documentation from doctors, therapists, or specialists that details your injuries, treatment plan, and prognosis.
- Personal journals or diaries. Notes about your daily pain levels, emotional state, and limitations in normal activities.
- Testimony from family or friends. Statements from people who observe your pain, emotional distress, or changes in daily life.
- Photos or videos. Visual evidence of injuries, mobility limitations, or ongoing therapy sessions.
Insurance companies may attempt to minimize pain and suffering claims. This is why thorough documentation and professional support are essential to ensure fair compensation for your claim.
How Hiring a Personal Injury Lawyer Can Help with Your Claim
A skilled personal injury attorney can make a significant difference in your pain and suffering claim by:
- Documenting your injuries. Your lawyer can gather medical records, expert opinions, and personal evidence to support your claim.
- Valuing your case accurately. Your lawyer can determine appropriate multipliers or per diem rates based on your injuries, age, occupation, and lifestyle impact.
- Negotiating with insurance companies. Your lawyer will fight to win full and fair compensation rather than accepting a low settlement offer.
- Representing you in court. If necessary, your lawyer will take your case to trial to ensure your pain and suffering damages are fully recognized and awarded.
When selecting an attorney, make sure they understand that pain and suffering damages profoundly affect your life. You need a lawyer who will take the time to evaluate your injuries, discuss your experience, and advocate aggressively on your behalf.
Other Factors That May Impact Pain and Suffering Claims
In some cases, there may be other factors to consider when you raise a pain and suffering claim. Insurance companies and defendants may raise complicated legal defenses or arguments in an attempt to limit their own exposure. With a proper legal understanding, you can be prepared to counter these arguments effectively.
Below are some additional factors that may impact your claim for pain and suffering damages:
- Comparative fault. In Illinois, if you are partially at fault for an accident, your compensation may be reduced in proportion to the fault assigned to you.
- Caps on damages. In most personal injury cases, Illinois does not impose strict caps on non-economic damages. However, there are some exceptions, especially when dealing with a medical malpractice claim.
- Timing. Early legal consultation ensures proper evidence collection and strengthens your claim for pain and suffering.
Ensure you are prepared to defend against any issues that insurance companies or defendants might raise. Good preparation can make all the difference when seeking pain and suffering damages.
Contact Kass & Moses Personal Injury Lawyers for Help Today
If you’ve been injured in an accident in Illinois, it’s critical to understand your rights to pain and suffering damages.
Contact Kass & Moses Personal Injury Lawyers for a free consultation today at (847) 513-9582. Our experienced Northbrook personal injury attorneys will review your case, gather the necessary evidence, and fight to secure the maximum compensation available in your case. We have the experience and resources to assist you in recovering money for your non-economic harms.
