Following a personal injury accident, there are generally two types of damages—economic and non-economic (sometimes known as special and general). Economic damages are straightforward, covering medical expenses, lost wages, and loss of future income. These are damages that have a specific number attached to them.
Non-economic damages (735 ILCS 5/2-1115.2) are usually called “pain and suffering,” and are subjective, intangible losses like pain, suffering, emotional distress, and loss of enjoyment of life. Non-economic damages are often more difficult to quantify and may rely on expert testimony. Illinois law allows injury victims recovery for pain and suffering caused by another’s negligence, but the value of these damages can vary widely.
If you are dealing with constant pain or are unable to perform the day-to-day tasks you did before the accident, then pain and suffering damages are meant to compensate you for those losses. Insurance companies will try to downplay pain and suffering, but Illinois courts recognize that the human toll of an injury is often tied to the most significant loss. A Will County, IL personal injury attorney can determine what your pain and suffering damages are and then tell an insurance company or jury how pain and suffering has altered your life.