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

In part I of our two-part series on calculating pain and suffering damages in an Illinois personal injury case, we began speaking about what pain and suffering damages are, and factors that might be considered when determining a pain and suffering damages settlement.

But these factors are only the first part of the equation. Generally, these factors are taken into account and then the award is calculated using one of two methods: the multiplier method, or the “per diem” method. This article aims to help readers understand basic concepts surrounding these two methods, and provide examples to aid in clarity.

While this is good, general information, it is no substitute for formal legal counsel. There are nuances in every legal concept and every lawsuit that can interact to completely change the outcome of a personal injury suit. Contact an experienced personal injury attorney with Patel Law, PC today to speak with a skilled personal injury attorney and receive sound legal counsel on the details of your own personal injury case.

What Is the Multiplier Method?

In speaking about pain and suffering damages calculations, the multiplier method is a way to calculate a fair amount of compensation. This method takes into account both any physical impairment that occurred, as well as emotional pain as a result of the personal injury.

While compensation from pain and suffering works differently from compensation for medical bills, your medical bills can be used to calculate a “multiplier.” A “multiplier” is a number, typically between 1 and 5 that is assigned to your case and helps to determine what a fair award for pain and suffering damages might be. The more egregious the injury, the higher the multiplier will be. For instance, a catastrophic, permanent injury may warrant a 5, while a broken bone might be assigned a 1. Your awarded damages for medical expenses would be applied to this multiplier in order to land on a pain and suffering pay out.

Example of Pain and Suffering Award Calculation with Multiplier Method

For example, let’s say that a pedestrian was injured in a motor vehicle accident. First, the jury evaluates the injured party’s medical expenses (in this case, $5,000). They then take this total and apply a multiplier to calculate pain and suffering damages. In this case, let’s say that the applied multiplier is “2”. In this scenario $5,000 dollars would be multiplied by 2, resulting in a $10,000 dollar reward for pain and suffering.

How Do Juries Decide on the Multiplier?

See part I of this series for a more in-depth discussion on this point. However, simply put, a multiplier is determined based on an overall assessment of the severity of your injuries. This includes the impact that the injury has on your day-to-day life.

What Is the Per Diem Method?

Per diem is a Latin term meaning “per day.”

In this calculation method, a specific dollar amount is awarded for each day that the victim was impacted. This can be very difficult to determine, and claims are often challenged by defendants or insurance. This is why it is so important to have an experienced personal injury attorney advocating for your best interests.

Contact Patel Law, PC

A pain and suffering calculator alone could never give you the detailed analysis you need to really understand your position and your case. A personal injury attorney can speak with you about your injuries, how they have affected your life, and help you navigate through your next best steps moving forward. Contact an experienced Champaign personal injury attorney at Patel law, PC to begin speaking with our team.

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/