When someone is injured in an accident or other personal injury incident, they often suffer physical, emotional, and financial harm. Their financial losses—such as medical bills and lost wages—are referred to as economic damages. However, injured parties also experience intangible losses and harm, referred to as non-economic damages.
In legal terms, pain and suffering refer to the non-economic damages sustained by an injured victim. It includes loss of enjoyment of life, physical pain, mental anguish, and emotional distress experienced by an individual due to injuries caused by another party’s negligence or intentional wrongdoing.
Pain and suffering damages are considered “non-economic” damages, meaning they are intangible and do not have a distinct monetary value. The law still recognizes this intangible harm suffered by the injured party as a compensable loss.
Pain and Suffering Law in Illinois
Illinois recognizes pain and suffering as compensable damages in personal injury claims, including those resulting from car accidents, slip-and-fall accidents, and medical malpractice. Because pain and suffering damages are subjective, it can be challenging to place a monetary value on them.
735 ILCS 5/2-1115.2 defines non-economic damages broadly to include:
- Pain and suffering
- Disability
- Disfigurement
- Loss of consortium
- Loss of society
However, pain and suffering damages may also include mental anguish, diminished quality of life, permanent impairment, post-traumatic stress disorder (PTSD), emotional distress, scarring, and other harm.
Because these damages have no set value, states often set a statutory cap or limit on the amount of pain and suffering damages juries can award. Generally, Illinois does not have a cap on these damages.
How Are Pain and Suffering Damages Calculated in Illinois?
There is no standard formula for calculating damages for pain and suffering. Because it is complicated to put a price on someone’s pain and suffering, parties typically use specific methods to estimate their value.
The Multiplier Method
This method of valuing pain and suffering is the most common approach used by insurance companies and courts. A “multiplier” between 1.5 and five is assigned based on the factors in the case. The victim’s total economic damages are multiplied by that number. The result is the value of pain and suffering damages.
For example, if a person has $100,000 in economic damages and a multiplier of 3.5 is applied, the pain and suffering award would be $350,000. Severe injuries such as paralysis may warrant a multiplier near 5, while more minor injuries may justify a multiplier closer to 1.5.
Per Diem Method
The per diem method assigns a dollar amount to each day the injured person experiences pain and suffering. The daily rate is then multiplied by the total number of days affected by the injury or the expected duration of suffering. For example, $200 per day over 180 days equals $36,000.
The per diem method is less common but useful when the duration of pain and suffering is precise. For instance, if a person sustains an injury without lasting impairments, the duration of suffering would be limited to their recovery period.
Both methods are often employed in settlement negotiations or insurance evaluations. Juries are not required to use either of these methods to calculate the value of pain and suffering damages.
Factors Considered When Assessing Pain and Suffering
Pain and suffering damages in Illinois are subjective and involve complex evaluations of the physical and emotional effects unique to the injured individual.
Factors that can impact the value of pain and suffering damages include:
- Degree of fault attributable to each party
- The type and severity of injuries
- Length and difficulty of care and recovery
- Whether injuries cause permanent disability or disfigurement
- Impact on daily life activities, work, and relationships
- Emotional and psychological effects
- Statements and medical records
- Personal documentation
Injured individuals can support their claim for non-economic damages by maintaining a journal that documents how the injury affects their day-to-day life, emotional well-being, and relationships.
Can I Still Receive Compensation for Pain and Suffering If I’m Partially at Fault in Illinois?
Whether you could be partially to blame for the accident (i.e., contributory fault) can also affect your ability to recover for your pain and suffering. Illinois uses a modified comparative fault rule under 735 ILCS 5/2-1116, meaning you can recover damages only if you are less than 51% at fault.
If you are found to be 50% or less responsible, your damages can be reduced by your percentage of fault. If you are found to be 51% or more responsible, you may be barred from recovering damages entirely.
Contact Powell and Pisman Injury Lawyers for a Free Consultation With Our Chicago Personal Injury Lawyers Today
Negotiations with insurance companies, jury decisions, or settlement agreements determine compensation for pain and suffering. At Powell and Pisman Injury Lawyers, we understand the insurance tactics used to undervalue and minimize your injuries. Our lawyers fight to obtain the best possible outcome for our clients.
Consulting with a Chicago personal injury attorney experienced in Illinois law is crucial to accurately assess pain and suffering damages for your case. Call us today at (312) 635-5400 to schedule your free consultation.