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Is Pain and Suffering Covered in My Personal Injury Claim?

Personal injury compensation in Illinois covers both economic and non-economic damages. While lost wages and medical bills are easy to calculate, pain and suffering does not have a specific value. Only you can tell what you are going through since the accident occurred.

While some states limit how much you can receive in pain and suffering damages, Illinois considers that unconstitutional. Using the help of a Chicago personal injury lawyer, you can get the compensation that is equivalent to the non-physical discomforts you suffered.

How Is Pain and Suffering Defined?

Pain and suffering is fully covered in your Illinois personal injury claim. It is considered non-economic damages because the experience is personal and unique to individuals.

Here is a breakdown:


Following an accident, you may experience physical discomfort that can compromise the quality of your life. And you deserve compensation that will cover not only the pain you experienced in the past but also the lingering pain you will have to endure in the future.

Here are examples:

  • A whiplash can give you a stiff neck from time to time
  • If your nerves are injured in an accident, you may suffer nerve pain
  • An amputated limb can give you phantom pain
  • A herniated disk from a back injury can cause a lot of pain
  • A brain injury can give one continuous headache and discomfort


Accidents can be traumatic experiences that can affect you beyond bodily injuries. You can suffer psychologically and emotionally and ought to receive compensation from the negligent party. Notably, some forms of suffering are diagnosable, for instance:

  • Frustration
  • General sadness
  • PTSD
  • Anxiety
  • Depression
  • Anger

What Are the Common Illinois Accidents That Offer Pain and Suffering Damages?

If a government body, a corporation, or a person is responsible for the pain and suffering, they should pay. Here are the most common causes:

Vehicle Accidents

Motor vehicle accidents are the most common cause of personal injuries. And in Illinois, all licensed drivers of motorcycles, trucks, and cars must have liability insurance that can cover damages caused by possible negligence.

Individual Negligence

Anyone can ignore a problem that can cause injuries to others. A civil court can determine if the individual would have acted more responsibly to prevent the damage around their business or home.

Medical Malpractice

Pharmacists, physical therapists, nurses, doctors and hospitals can make mistakes and fail to meet the board’s standards that certified them. The healthcare professional may be liable for the pain and suffering of a patient they acted negligently towards.

Falls and Slips in Public Areas

Owners of public spaces like places of worship, schools, office buildings, and retail locations are responsible for making it safe for people in wheelchairs and walkers. They should ensure security lax, gas leaks, falling bricks, broken sidewalks, or slippery floors do not exist.

Pharmaceutical and Non-Pharmaceutical Drug Failures

Pharmaceutical products may be rigorously tested by FDA but still cause harm to the users. Safety items, toys, and electronics can as well cause injury if they are defective. Afflicted users can sue the companies for compensation with the help of a Chicago defective drug lawyer.

Are There Considerations While Evaluating Pain and Suffering?

Usually, the more severe the injury, the higher the claim. Insurance providers and juries evaluate the following factors when determining the most deserving compensation for your pain and suffering:

  • Whether your injuries call for future medical treatment and care
  • The extent and nature of your injuries
  • Presence of a disfigurement
  • The permanence of the injuries
  • Loss of enjoyment of recreational activities
  • The effects on your daily living
  • Impact on your ability to work
  • Overall discomfort and pain

How Is Pain and Suffering Calculated?

Illinois’ tort liability system allows the jury to evaluate every claim and decide whether it is reasonable. Besides litigation, you can settle your pain and suffering claim out of court.

And an experienced Illinois personal injury attorney can ensure that you are awarded a fair settlement, and your interests are protected all the way.

The Multiplier Method

In this method, injuries are rated between one and five, based on their severity. The figure is then multiplied by the value of the economic damages (for instance, lost wages and medical bills) to get the claim value.

Per Diem Basis

This method calculates pain and suffering on a daily basis for several days. A skilled personal injury lawyer in Chicago, IL, should tell you if it’s appropriate for your case to use this method. They could help you get the best estimate, multiplied by the number of days of endured pain and suffering.

What if I’m Partly at Fault?

Illinois uses a modified comparative negligence rule, denying you both economic and non-economic compensation if you are more than 50% at fault.

If your contribution to the accident is less than 50%, you can claim damages. However, the amount will be less the value of your fault in the accident.

Are Pain and Suffering Suits in Illinois Subject to the Statute of Limitations

The statute of limitations for personal injury cases is two years. So, if you haven’t claimed compensation for your pain and suffering, and two years haven’t elapsed yet, now is the time to file. The sooner you contact your lawyer, the earlier they’ll start working on your case before the expiry period.

What if the Negligent Party Suggests an ‘Out-of-Court Settlement’?

Out-of-court settlements are great, but you can get a raw deal if you go in without a legal professional’s guidance. So, if the insurer of the negligent building’s owner, trucking company, hospital, or doctor approaches you, don’t hesitate to reach out to an Illinois PI attorney first.

A Legal Companion Pursuing the Benefits on Your Behalf

Insurance companies care about their negligent clients and will strive to minimize the compensation they may have to pay. It would be best if you had a personal injury lawyer in Chicago that is ready to battle for a fair settlement and is ready to defend your rights.

An experienced personal injury lawyer in Illinois has the knowledge required to help you get rightful compensation for your pain and suffering. If two years elapse, you may not get the justice you deserve. Talk to a PI lawyer on (312)346-4262 today.

Also Read:

What If Hit By Uber Driver

Medical Malpractice vs Medical Negligence – What is the Difference?

Why is Negligence Difficult to Prove?

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