Illinois personal injury laws hold parties liable for the damages they cause through negligence, intentional torts, and other wrongful acts. The victim must have evidence proving the at-fault party’s conduct resulted in their injuries to recover damages. Economic and non-economic damages are the court’s way to compensate a victim for the losses and harm they sustained.
Economic damages represent the financial losses a victim incurs. They include the victim’s loss of income, medical bills, and out-of-pocket expenses. Personal injury law also compensates victims for their pain and suffering, a kind of non-economic damage.
What Are Pain and Suffering Damages in an Illinois Personal Injury Case?
Pain and suffering damages represent the intangible harm and losses you experience when another party causes your injuries. Every person suffers in a unique way. However, common forms of pain and suffering damages include:
Emotional Distress and Mental Anguish
Being in an accident and sustaining an injury can cause mental anguish and emotional distress, resulting in numerous symptoms, such as:
- Depression
- Chronic anxiety
- Sleeping problems
- Post-traumatic stress disorder (PTSD)
- Nightmares or night terrors
- Lack of energy
- Embarrassment
- Isolation
- Psychological disorders and phobias
- Problems with eating too much or too little
- Feelings of helplessness or hopelessness
Adults and children can experience emotional distress and mental anguish after an injury or accident. Emotional distress can result in debilitating symptoms that prevent the person from working, performing daily activities, or engaging others socially.
Physical Pain
When you sustain a physical injury, it can cause discomfort and agony. Your pain level depends on numerous factors, including the type and severity of your injury. It also includes your pain tolerance. In addition to the pain caused by your injuries, the medical treatments required to treat your injuries may result in additional physical pain.
Diminished Quality of Life
When you are injured, you may experience a loss of enjoyment of life and quality of life. The loss may be temporary while you heal from your injuries. However, you may experience a permanent decrease in quality of life if you sustain a life-long disability or impairment.
Diminished quality of life includes being unable to perform favorite activities or care for your personal needs. It also includes being unable to bear children or actively participate in your children’s lives. If your injury prevents you from working, the loss of income can negatively impact your quality of life.
Impairments and Disabilities
An accident can result in severe scarring and amputations. A person may sustain a permanent impairment, including paralysis and brain injury. Individuals may experience embarrassment about their condition, causing severe anxiety and depression. They may require someone to care for their basic needs, including bathing, feeding, and dressing.
When Can a Victim Recover Pain and Suffering Damages?
Non-economic damages can arise from any type of personal injury case, including:
- Car accidents
- Dog bites and attacks
- Medical malpractice
- Truck accidents
- Workplace accidents
- Product liability claims
- Slip and fall accidents
- Motorcycle accidents
- Premises liability claims
- Construction accidents
- Bicycle and pedestrian accidents
A victim must prove that the at-fault party owed them a duty of care and breached the duty of care. They must also prove that the party’s conduct was the direct and proximate cause of their injuries. Lastly, they must prove their damages and how much the damages are worth.
Factors That Can Impact the Value of Pain and Suffering Damages
Insurance companies often undervalue non-economic damages and downplay the severity of the victim’s suffering. Unfortunately, this is easy for them to do because pain and suffering are subjective.
An experienced Chicago personal injury lawyer understands how to use the factors in your case to maximize how much your pain and suffering claim is worth. Factors they will consider when valuing your pain and suffering include:
- Whether you sustained scarring and disfigurement
- The type of injuries the accident caused
- The seriousness of your injuries, including whether you developed permanent impairments and disabilities
- The medical treatments required for your injuries
- The duration of your recovery period
- Whether you could be at fault for causing your injuries
- Your ability to care for your personal needs
- Whether you can return to work or earn any income
- The impact your injuries have on your personal relationships with family members and friends
Generally, the value of damages increases with the level of the negative impact your injuries cause on your life and well-being. Catastrophic injuries and life-altering impairments tend to have the highest values.
However, if you are partially to blame for causing your injuries, your damages could be reduced under the state’s modified contributory fault law according to your percentage of fault. However, the law prohibits you from recovering damages if you are more at fault than the other party.
Ways to Calculate Pain and Suffering Damages for a Personal Injury Claim
There is no standard formula for calculating the value of non-economic damages because putting a price on someone’s suffering is impossible.
There are two common methods for valuing pain and suffering:
Per Diem Method
Based on the factors of the case, a daily amount is chosen to represent pain and suffering. Non-economic damages equal the days the person spent recovering from their injuries and the per diem. Recovery is measured from the date of injury through the date of maximum medical improvement.
Suppose your doctor released you 120 days after your injury, and the insurance company agreed to a per diem of $300 per day. The value of your pain and suffering would be $36,000 ($300 x 120). The per diem method is better suited for cases that do not involve future damages and impairments.
Multiplier Method
The multiplier method is based on your economic damages. The value for non-economic damages is a multiple of the total of your financial losses. Generally, the multiplier is a number between 1.5 and five.
The multiplier chosen for a case is based on the factors of the case. Typically, the multiplier increases as injuries become more severe. For example, a spinal cord injury might result in a multiplier of five if the person is paralyzed.
Suppose a jury assigns a multiplier of 3.5 to your case and awards you $250,000 in economic damages. Your pain and suffering damages would equal $875,000.
An experienced personal injury lawyer understands how to maximize the factors in your case to increase pain and suffering damages. Before accepting a settlement offer from an insurance company, meet with an attorney to discuss your case to determine if the settlement offer is fair.
Schedule a Free Consultation With Our Chicago Personal Injury Lawyers
If another party caused your injuries, our legal team at Powell and Pisman Injury Lawyers can help. Contact us at (312) 635-5400 for a free consultation with an experienced Chicago personal injury lawyer. We are available 24/7 to discuss your case with you.