How are Pain and Suffering Damages Calculated in Illinois? Part I
If you have been injured because of someone else’s actions (or inaction), you know that very often the physical injuries you suffer are only part of the equation. While not applicable in every case, pain and suffering is very real in many personal injury cases. As a real consequence of a personal injury, damages for pain and suffering can often be awarded.
But because pain and suffering is not as easily quantifiable, it can be unclear how much in damages you might expect to receive. In determining a pain and suffering award, many factors are considered in calculating the damages. This first article in our two-part series on pain and suffering damages in Illinois aims to provide some guidance on what pain and suffering means in reference to a personal injury suit, and factors that are considered when calculating pain and suffering damages in Illinois. For specific guidance in your own case and to receive formal legal counsel on what you might expect as you move forward, contact an experienced personal injury attorney at Patel Law, PC.
What Is Pain and Suffering?
In personal injury lawsuits, “pain and suffering” refers to any manner of physical discomfort, emotional distress, mental anguish, and/or the loss of enjoyment of your life that is being experienced by a person injured due to another party’s actions, or negligent inaction.
Other damages in a personal injury lawsuit are easily quantifiable. The cost of your past medical bills can be shown in receipts. Property damage can be shown through photographic evidence, receipts, and even official valuations of current and past worth. Pain and suffering, on the other hand, cannot be measured quite the same way. This means that other factors must be weighed to land on an appropriate compensation for pain and suffering.
What Factors Determine Compensation?
When determining compensation for pain and suffering damages in Illinois, the following factors are likely to be considered:
- Severity of the injury: higher compensation is generally given for more severe injuries. For example, long-term conditions or permanent disabilities will typically receive more than less serious injuries that heal completely within a few weeks.
- Impact on daily life: how did this injury affect the victim’s daily life? Did they have to leave school? Did they lose their ability to work at their job? Did it impact other activities, or important relationships?
- Emotional distress: Is there a record of anxiety, depression, PTSD, or other emotional distress that came about due to the accident? This might be shown through doctor testimony or visits, medications, records of attending therapy, etc.
- Length of recovery: longer recovery times and extensive therapy for injuries often result in higher damages awarded because of the prolonged nature of the condition.
- Comparative fault: As discussed in previous blogs, Illinois follows a system of comparative fault. This means that a victim’s compensation for an accident can be reduced if they are partly responsible for the incident that caused their injury. This is important to keep in mind, as a victim who is seen to be largely at fault for their own accident could walk away with a substantially reduced award – even no award at all.
An experienced personal injury attorney can help you assess your own case. With experienced counsel, you can know what evidence to prepare for your own case, and the next best strategic steps to take as you move forward. Contact our office today to begin working with our team.
Contact Patel Law, PC
Contact an experienced Champaign personal injury attorney at Patel law, PC to speak with an esteemed personal injury attorney about the details in your own unique case. Our experienced team can provide invaluable counsel and help you gain confidence in knowing that you are presenting your strongest case as you move forward.
Sources:
vice.com/en/article/grandma-awarded-7-25m-after-suffering-crushed-spine-on-harry-potter-ride/
kark.com/business/press-releases/ein-presswire/627345785/record-19-million-verdict-in-cook-county-for-babys-wrongful-death-at-st-bernard-hospital/
