How are Pain and Suffering Damages Calculated in Illinois? Part I

Understanding How Illinois Courts and Juries Evaluate Pain and Suffering When Determining Personal Injury Compensation

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 can be a very real consequence of a personal injury. Depending on the circumstances, compensation for pain and suffering may be available as part of a personal injury claim.

Because pain and suffering is not as easily quantifiable as medical bills or property damage, however, it can be difficult to understand how compensation may be evaluated. A number of factors may be considered when determining the value of pain and suffering damages.

This first article in our two-part series on pain and suffering damages in Illinois provides general information about what pain and suffering means in the context of a personal injury case and some of the factors that may be considered when evaluating these damages. For guidance regarding your own circumstances and formal legal advice tailored to your case, contact an experienced personal injury attorney at Patel Law, PC.

Quick Answer: What Are Pain and Suffering Damages?

Pain and suffering damages generally refer to the physical pain, emotional distress, mental anguish, and other non-economic effects an injured person may experience because of an accident or injury. Unlike medical bills or lost wages, these losses do not always have a simple dollar amount attached to them.

What Is Pain and Suffering?

In personal injury lawsuits, “pain and suffering” generally refers to physical discomfort, emotional distress, mental anguish, and the potential loss of enjoyment of life experienced by a person who was injured because of another party’s actions or negligent inaction.

Some damages in a personal injury case can be more easily documented and calculated. Past medical expenses, for example, may be demonstrated through bills and receipts. Property damage may be supported by photographs, repair estimates, receipts, and valuations.

Pain and suffering is different. The physical and emotional consequences of an injury cannot always be measured by simply adding together bills or receipts. Instead, the circumstances surrounding the injury and its effect on the injured person’s life may need to be evaluated when determining an appropriate amount of compensation.

Economic vs. Non-Economic Damages

Medical expenses and lost wages are examples of damages that may be supported by specific financial documentation. Pain and suffering is generally considered a non-economic form of damage because its effects may be real and significant even though they do not come with a specific invoice or receipt.

What Factors Determine Pain and Suffering Compensation?

Every personal injury case is different. When pain and suffering damages are considered, the facts surrounding the accident, the nature of the injury, and the impact the injury has had on the person’s life may all be relevant.

Some commonly discussed factors include the following:

Severity of the Injury

More serious injuries may have a greater impact on a person’s life and may result in more significant damages being considered. Long-term conditions and permanent disabilities can have different consequences than injuries that heal completely within a relatively short period of time.

Impact on Daily Life

An injury may affect a person’s ability to work, attend school, care for family members, participate in hobbies, or complete ordinary daily activities. The extent to which an injury changes everyday life may be an important consideration.

Emotional Distress

Serious accidents and injuries may have emotional consequences in addition to physical effects. Depending on the circumstances, anxiety, depression, post-traumatic stress, and other forms of emotional distress may be relevant to a claim.

Length of Recovery

Recovery periods can vary substantially from one injury to another. A prolonged recovery, extensive treatment, or long-term rehabilitation may affect the extent to which an injury impacts a person’s life.

Comparative Fault

Illinois follows a modified comparative fault system. Depending on the circumstances and the percentage of fault assigned to an injured person, their potential recovery may be reduced or, in some situations, barred.

Why Documentation Can Matter

Medical records, treatment documentation, testimony, employment records, and other evidence may help demonstrate the ways an injury has affected a person’s life. The type of evidence that may be relevant will depend on the circumstances of the case.

Severity of the Injury

The severity of an injury can be an important consideration when evaluating pain and suffering. Generally, a serious injury that results in permanent limitations or long-term consequences may affect a person’s life differently than an injury that heals completely within a matter of weeks.

The specific facts of the injury matter. Medical treatment, the extent of physical limitations, the likelihood of future complications, and the overall effect on the injured person’s life may all be relevant when evaluating damages.

Impact on Daily Life

An injury can affect far more than a person’s immediate physical condition. Depending on its severity, an injury may interfere with work, education, household responsibilities, family relationships, hobbies, exercise, and other activities that were previously part of everyday life.

Understanding how an injury has changed a person’s daily routine can therefore be an important part of evaluating the full impact of an accident.

Emotional Distress

Physical injuries and emotional injuries can sometimes occur together. A serious accident may result in anxiety, depression, post-traumatic stress, fear, or other emotional consequences.

Depending on the circumstances, medical records, treatment records, therapy documentation, medications, and other evidence may help demonstrate the emotional consequences associated with an accident or injury.

Every Injury Is Different

There is no single formula that can automatically determine the value of pain and suffering in every personal injury case. The circumstances surrounding the accident, the nature of the injuries, and their effect on the individual’s life can all affect how damages are evaluated.

Length of Recovery

The length of time required to recover from an injury may also be relevant when evaluating pain and suffering damages. A person who experiences pain and limitations for an extended period of time may face different challenges than someone whose injury resolves quickly.

Extensive treatment, rehabilitation, therapy, surgery, and long-term medical care can all affect how an injury impacts a person’s life over time.

Comparative Fault in Illinois

Illinois follows a modified comparative fault system. This means that an injured person’s potential recovery may be affected if they are found to have contributed to the accident that caused their injuries.

When an injured person is assigned a percentage of fault, their potential damages may be reduced by that percentage. Under Illinois law, a person who is found to be more than 50 percent responsible for the injury-producing occurrence may be barred from recovering damages from another party.

Example of Comparative Fault

If a person is awarded $50,000 in damages but is found to be 10 percent responsible for the accident, the potential recovery may be reduced by 10 percent. In that example, the recovery would be reduced by $5,000, resulting in a potential award of $45,000.

How Can an Attorney Help Evaluate Pain and Suffering?

An experienced personal injury attorney can help evaluate the facts surrounding an accident, identify potentially relevant evidence, and explain the legal issues that may affect a claim.

Legal counsel can also help an injured person understand how their injuries, medical treatment, limitations, and other losses may affect their case. Because every accident and injury is different, individualized legal advice can be important when making decisions about a personal injury claim.

Contact Patel Law, PC

Pain and suffering damages can involve complicated questions about how an injury has affected your physical health, emotional well-being, and everyday life. Understanding the factors that may affect a claim can help you make more informed decisions as you move forward.

Contact an experienced Champaign personal injury attorney at Patel Law, PC to speak with an experienced member of our legal team about the circumstances of your own case.

Frequently Asked Questions About Pain and Suffering Damages

What does pain and suffering mean in a personal injury case?

Pain and suffering generally refers to physical pain, emotional distress, mental anguish, and other non-economic consequences associated with an injury.

How are pain and suffering damages calculated?

There is not necessarily one universal calculation used in every case. The severity of the injury, its impact on daily life, the length of recovery, emotional consequences, and other circumstances may be considered.

Can emotional distress be part of pain and suffering damages?

Depending on the circumstances of the case, emotional consequences associated with an injury may be relevant when evaluating non-economic damages.

Does comparative fault affect pain and suffering damages in Illinois?

Comparative fault may affect the amount of damages an injured person can recover. Depending on the percentage of fault assigned, a person’s recovery may be reduced or potentially barred under Illinois law.

Should I speak with an attorney about my pain and suffering claim?

An experienced personal injury attorney can review the circumstances of your accident and explain the legal options that may be available based on the facts of your case.

Questions About Pain and Suffering Damages?

An accident can affect nearly every part of your life. Understanding the full consequences of an injury can be an important part of protecting your rights and evaluating your legal options.

The experienced legal team at Patel Law, PC can discuss the circumstances of your case and help you understand the options that may be available.