What Is Pain and Suffering, and How Is It Calculated in Illinois?

Anyone who’s suffered a severe injury understands the financial toll it can take, from medical bills and lost income to reduced future earnings due to a disability. But what about how these injuries affect your mental health and overall quality of life? Shouldn’t you have the right to compensation for these losses as part of an Illinois personal injury claim?

Compensation for your pain and suffering helps make up for these intangible losses. Calculating your pain and suffering compensation requires strong evidence and a reliable legal team. Otherwise, you likely won’t win compensation for your claim’s full value, which can harm your recovery and future.

What “Pain and Suffering” Means in Illinois Personal Injury Claims

Pain and suffering damages (“damages” is the legal term for the money you obtain in a successful personal injury claim) compensate you for the indirect losses of a severe injury someone else caused. Some losses for which you could recover pain and suffering damages include:

• Physical pain – You can pursue compensation for the pain your injury causes, including any chronic discomfort you experience or limited mobility that results from your injury.
• Loss of enjoyment of life – If you can no longer enjoy your favorite hobbies, exercise, travel, or other daily activities because of an injury, that loss may factor into your claim.
• Emotional distress – Severe injuries often cause anxiety, depression, post-traumatic stress, or other mental health disorders. These emotional struggles can affect your relationships, sleep, appetite, and overall mental health.
• Loss of companionship or intimacy – Lastly, you may be able to recover compensation for the strain that your injury puts on your relationships with your spouse or family.

How Do You Prove Your Pain and Suffering?

Your pain and suffering from an accident is harder to prove than specific losses like medical bills or lost wages because it might not manifest physically. These losses also don’t have fixed costs. Some evidence you can use to illustrate your pain and suffering includes:

• Medical records – Records from your medical team can help your personal injury case by showing the extent of your injuries, the treatments you’ve received, and your ongoing care.
• Photographs and videos – Visual evidence of your injuries can help demonstrate their severity, which can make your physical pain and limitations more real to the insurer or the court.
• Personal journal or pain diary – Keeping a daily record of your pain levels, emotional struggles, and activity limitations can help show how your injury has affected your everyday life.
• Statements from family and friends – People close to you can explain how your mood, behavior, and lifestyle have changed since the accident.
• Mental health records – If you have sought counseling or therapy due to anxiety, depression, or trauma resulting from the accident, those records can support your claim for emotional distress.
• Expert testimony – Medical professionals or mental health experts can explain how your injuries are likely to cause long-term pain or psychological harm.

Are There Limits on Your Pain and Suffering Compensation in Illinois?

Illinois law used to limit your compensation for pain and suffering, particularly in medical malpractice cases. However, the state Supreme Court struck down that law. Therefore, there are no limits on the compensation you could obtain for pain and suffering.

A court might calculate your compensation by multiplying the total of your economic losses (those with specific dollar amounts) by a number between 1.5 and 5, or they might assign a daily value to your pain and multiply that figure by how long you are expected to suffer because of your injuries.

Working with an experienced attorney gives you a stronger chance of recovering maximum compensation for your pain and suffering because they’re experienced in presenting compelling cases to prove the value of pain and suffering claims.

Contact Holley, Rosen & Beard, LLC, Now for Legal Help

Usually, you must file an Illinois personal injury lawsuit within two years of your injury to preserve your right to pursue compensation in court. Holley, Rosen & Beard, LLC, can act on your behalf while you concentrate on healing. Let us fight for fair compensation while you rest and recover. Call now or complete our contact form for a free consultation.