When you’ve been hurt in an accident that wasn’t your fault, you might be able to get compensation for more than just your medical bills or lost wages. One important type of compensation is called “pain and suffering.”
But what exactly does that mean? How do lawyers and courts figure out how much money you should get for pain and suffering? This article breaks down the process in a clear and easy-to-understand way, especially for those dealing with personal injury cases in Illinois.
What Are Pain and Suffering Damages?
Pain and suffering damages are a form of compensation that covers the physical pain and emotional distress you experience after an injury. This includes ongoing aches, discomfort, emotional trauma, anxiety, depression, and loss of enjoyment of life. These damages are considered part of your non-economic damages, meaning damages that are not easily proven financially.
Unlike medical bills or repair costs, pain and suffering damages don’t have a clear dollar amount attached to them because they deal with how an injury affects your life, not just the expenses.
In Illinois, if you win a personal injury case or reach a settlement, you can ask for money to help make up for the pain and suffering you went through. This helps ensure that you’re fairly compensated for all the ways your injury has impacted you, not just the visible costs.
Common Methods Used to Calculate Pain and Suffering
There are a few main ways that lawyers and courts estimate pain and suffering damages. Let’s look at the most common ones.
Multiplier Method
One popular way to calculate pain and suffering is the multiplier method. This method uses your economic damages, like medical bills and lost wages, as a starting point. Then, it multiplies that number by a factor that reflects the seriousness of your pain and suffering.
For example, if your medical bills and lost income total $20,000, and your pain and suffering are considered moderate, your lawyer might use a multiplier of 3. This would mean $20,000 × 3 = $60,000 in pain and suffering damages. The multiplier usually ranges from 1.5 for minor injuries to 5 or more for serious injuries that cause long-lasting pain or disability.
Per Diem Method
Another approach is the per diem (Latin for “per day”) method. This method assigns a dollar value to each day you experience pain and suffering. The total is calculated by multiplying that daily amount by the number of days you suffer.
For instance, if pain and suffering are valued at $200 per day and you endure pain for 90 days, the pain and suffering damages would be $18,000. This method focuses more on the actual time you’ve spent dealing with pain and emotional distress.
Factors That Affect Pain and Suffering Calculations in Illinois
Several factors influence how much compensation you may receive for pain and suffering in Illinois.
These factors help lawyers and insurance companies understand the true impact of your injury, including:
- Severity of the injury: More serious injuries typically lead to higher pain and suffering damages because they cause more pain and have longer recovery times.
- Duration of recovery: If your pain lasts weeks, months, or even becomes permanent, this increases the amount of damages.
- Impact on daily life: Injuries that prevent you from enjoying hobbies, working, or performing everyday activities can increase pain and suffering awards.
- Emotional distress: If the injury causes anxiety, depression, or other emotional issues, this can be considered in the calculation.
- Medical evidence: Doctor’s reports, therapy notes, and other medical documents support claims of pain and suffering.
- Your age and occupation: Younger people or those in physically demanding jobs may receive higher damages if their injury limits future opportunities.
Each of these factors helps build a clearer picture of your experience and guides the calculation.
How Insurance Companies Handle Pain and Suffering Claims
Insurance companies often try to pay as little as possible for pain and suffering damages. They may offer low initial settlement amounts or dispute how severe your pain really is.
This is why having a knowledgeable personal injury lawyer is so important. A lawyer understands how to present strong evidence of your pain and suffering and negotiate with insurance companies for a fair settlement.
They can also prepare to take your case to court if necessary. To support your claim, it’s important to be patient and gather all relevant documents, such as medical records and personal accounts of your pain.
What You Need to Know About Pain and Suffering Damages
Pain and suffering damages are designed to compensate for the real, often invisible impacts of injury. Calculating these damages is not straightforward because it involves measuring physical pain and emotional hardship rather than bills or lost paychecks.
In Illinois, the amount depends on many factors, including injury severity, duration, and personal impact. Methods like the multiplier and per diem approaches help estimate a fair amount, but every case is different.
Contact the Peoria Personal Injury Lawyers at Joel E. Brown, P.C. for Help Today
Working with an experienced personal injury attorney can improve your chances of getting the compensation you deserve. They understand how to gather evidence, negotiate with insurance companies, and navigate Illinois laws so your pain and suffering are properly valued.
If you’ve been injured and want to know more about how pain and suffering damages might apply to your case, contacting a trusted Peoria personal injury lawyer at Joel E. Brown, P.C. is a smart first step. We offer free consultations and are ready to fight to get you the compensation you deserve. Call us today at (309) 673-4357.
