How Are Pain and Suffering Damages Calculated in Illinois?

In Illinois, a personal injury lawyer, insurance company, or jury will consider many factors in the calculation of pain and suffering damages including the severity of injuries, impact on daily life, emotional distress, length of recovery, and degree of fault.

How Is Pain and Suffering Calculated in Illinois?

What Is Pain and Suffering?

Pain and suffering refers to the physical discomfort, emotional distress, mental anguish, and loss of enjoyment of life experienced by an individual due to an injury caused by another party’s negligence or intentional actions.

It is considered a type of non-economic damage, meaning it cannot be quantified by bills or receipts like economic damages such as medical expenses and lost wages are.

What Factors Are Considered When Calculating Compensation for Pain and Suffering?

When determining the amount of compensation for mental pain and suffering in Illinois, the court will consider the following factors:

1. The Severity of the Injury: More severe injuries typically lead to greater pain and suffering. For instance, a broken bone may result in less compensation compared to a permanent disability or chronic condition.
2. Impact on Daily Life: The court will evaluate the injury’s impact on the victim’s daily life, including lost activities, hobbies, work, and effects on relationships with family and friends.
3. Emotional Distress: Injuries can lead to not only physical pain but also emotional distress, including anxiety, depression, or PTSD.
4. Length of Recovery: The duration of recovery from physical injuries can affect compensation for pain and suffering, with longer recovery times and extensive therapy often leading to higher damages due to increased pain experienced over time.
5. Comparative Fault: Illinois operates under a comparative fault system, where a victim’s compensation for pain and suffering can be reduced if they are found partially responsible for their injury. For instance, if a victim is deemed 20% at fault, their damages would also decrease by 20%.

What Is the Multiplier Method to Value Pain and Suffering Damages?

The multiplier method is a pain and suffering calculation that assigns a fair amount of compensation for both physical impairment and emotional pain in a personal injury case.

Though compensation for pain and suffering is different from compensation meant to cover medical bills, the cost of your medical bills is used to determine a multiplier, usually between 1 and 5, which is then used to determine the pain and mental suffering damages.

The more serious the injuries, the higher the multiplier that is assigned, and the higher the award for the pain and suffering.

An Example Pain and Suffering Calculation with the Multiplier Method

In a car accident case involving a negligent driver, the jury first assesses the injured motorist’s total medical expenses. They then determine a suitable multiplier to calculate pain and suffering damages. For instance, if the jury finds $10,000 in medical expenses and applies a multiplier of two, they would award an additional $20,000 for pain and suffering.

How Do Juries Decide What Multiplier to Use for the Multiplier Method?

A jury can adjust the multiplier used to calculate damages to recover compensation for pain and suffering based on the severity of your injuries. More significant injuries increase the likelihood of a higher multiplier.

Additionally, if suffering physical pain impacts your enjoyment of life or ability to work, the multiplier is likely to be greater. This also applies to the long-term effects the emotional trauma from your injuries have on your life.

What Factors Are Used to Value Pain and Suffering Damages?

Some factors to determine the appropriate multiplier are:

• Seriousness of the injuries
• Impact of injuries on day to day life activities
• Impact of bodily injury on your ability to work and the amount of wages you have lost
• Permanent disabilities or disfigurement
• Age and health
• Emotional distress and mental anguish
• Loss of consortium (companionship)

What is the Per Diem Method?

Per diem is Latin and translates to “per day.”

This method involves assigning a set dollar amount for each day the victim is affected; justifying this daily rate and proving pain and suffering can be difficult due to potential pushback from insurance companies or their attorneys.

This is why it is important to have an experienced personal injury lawyer advocating for you when seeking compensation in pain and suffering claims.

What Are the Limitations on Pain and Suffering Damages?

Certain states impose strict limits on the amount of compensation for pain and suffering that can be obtained in a personal injury settlement. These limits may be applicable solely to serious injury or medical malpractice cases in some states, while others extend them to all types of personal injury lawsuits.

No Limit in Illinois

Fortunately, under Illinois personal injury law, there is no limit to the amount of compensation available in a pain and suffering claim.

The fact finder in personal injury cases, usually a jury, holds the ultimate authority in calculating pain and suffering compensation that you are entitled to recover. This means that you could potentially receive a substantial sum to cover out of pocket expenses, money beyond what covers your medical bills.

What Is My Pain and Suffering Worth?

The best way to find out what your pain and suffering damages may be worth in your personal injury claim is to discuss the specifics of your case with a personal injury lawyer.

A pain and suffering calculator won’t provide the same kind of detailed analysis that you can get when you discuss your injuries and the impact they have had on your life with a pain and suffering lawyer.

Call The Kryder Law Group, LLC Accident and Injury Lawyers for a free consultation today.