Making a Pain and Suffering Claim in an Illinois Personal Injury Suit
Injuries in personal injury claims often go much deeper than your purely physical condition. The impacts these injuries can have on your quality of life cannot be overstated. A person injured in an accident can feel the impact of their injuries in lost wages. In missing out on major life events, in emotional, psychological, and physical impacts.
Legally, the term is “pain and suffering.” Pain and suffering after an accident can be immense, and is sometimes compensated as part of a personal injury claim.
However – parties should not think that just because their accident involved pain and suffering, that being compensated for it is a given. You have to provide evidence in support of your physical injuries in a personal injury claim. Similarly, you need to anticipate providing adequate evidence to establish a right to be compensated for pain and suffering as well.
If someone else’s negligence caused your injuries, you may be entitled to seek compensation for the non-economic damages of your pain and suffering – but pain and suffering can be a more opaque issue. Proving pain and suffering can be a lot less straight forward than proving a broken bone or damaged property.
So, how do you prove pain and suffering, and what does Illinois law say about this issue? This article is meant to start the discussion on these issues. For formal advice and legal counsel on your own circumstances, contact the experienced legal team at Patel Law, PC.
What Is Pain and Suffering?
“Pain and suffering” is the physical pain or emotional pain a person experiences due to an injury. Non-economic damages may be more difficult to prove, as they are not as “tracked” as, say, treatment for a broken bone.
Illinois law recognizes that pain and suffering in personal injury cases may include (but is not limited to:
- Chronic pain
- Depression
- Loss of companionship or consortium
- Disfigurement
Even though these injuries did not necessarily “cost” a victim money – the courts sometimes allow victims to recover monetary compensation.
Can You Make a Pain and Suffering Claim in Illinois?
Yes. Victims in personal injury cases can seek compensation for pain and suffering. However, the freedom to pursue compensation is not the same as a guarantee that compensation will be granted. You need to ensure that you are taking appropriate steps to preserve your rights and retain what documentation you can to prove your claims. An experienced personal injury attorney at Patel Law, PC can help.
How Damages Are Calculated
Unlike economic damages, there is not a fixed formula for calculating the appropriate compensation tied to pain and suffering in Illinois. This means that the award will have a level of subjectivity, left to judges, juries, and insurance companies. Several factors might be considered by parties in order to determine what is considered a “fair” amount of compensation. Including:
- Severity of the injury
- Length of recovery time
- Impact on daily life
- Extent of trauma
- Credibility of the claims
- Any medical records and expert testimony that can be presented
Evidence Used to Prove Pain and Suffering
As previously stated, pain and suffering is a more opaque concept. You cannot prove it the same way you can prove a broken bone. However, to succeed in your claim you must provide evidence of the impact on your life. This might include:
- Medical records and doctor’s notes concerning mental/psychological state
- Prescription records for pain medication or therapy
- Psychological evaluations or therapy notes
- Personal journals and testimony from family, friends, or experts.
Contact Patel Law, PC
An esteemed Champaign personal injury attorney at Patel Law, PC can help you to assess your circumstances, and advise on your best possible steps as you move forward in your claim. Contact our office today to learn more.
Sources:
cbsnews.com/chicago/news/bedford-park-lawsuit-crash-miguel-alvarado-remah-abdelghani/
lawsuit-information-center.com/ilinois_personal_injury_verdic.html
