Illinois is a fault-based injury state that allows a personal injury or car accident victim to file a claim against the party responsible for the injury. Most claims are filed against the appropriate insurance company, such as a negligent driver’s auto insurance or a negligent store owner’s property liability insurance after a slip-and-fall accident.

A successful claim recovers compensation for injury-related losses, or damages. While it’s fairly easy to calculate economic losses by adding up medical bills and totaling lost wages, pain and suffering are intangible and subjective. So, how does Illinois law handle claims for pain and suffering?

Obtaining Compensation In Illinois Personal Injury and Car Accident Claims

Personal injury attorneys carefully calculate their injured client’s damages with the goal of obtaining a settlement for the maximum compensation available within the policy limits. They may use the state’s modified comparative negligence law to pursue compensation against third parties as well. For instance, if a negligent driver was at fault for an accident but a defective airbag contributed to the severity of the injury, the attorney may file compensation claims against both at-fault parties.

Two Common Methods for Calculating Pain and Suffering Damages In Illinois

Most car accident and personal injury lawyers use one of two methods to determine an amount of compensation to seek for their injured client’s pain and suffering.

The Multiplier Method

This method uses the injury victim’s total economic losses, such as medical expenses and lost wages, as the basis for the calculation. The formula multiplies the total economic cost by a number between 1.5 and 5, based on the injury victim’s pain level, as determined by medical expert testimony.

The Per Diem Method

The per diem method calculates a monetary amount for pain and suffering by assigning a daily amount based on the pain level expected for the injury, according to medical experts. Then, this daily monetary amount is paid for the number of days the injury victim is expected to endure pain until they reach the maximum medical improvement for the injury.

What Qualifies as Non-Economic Damages or Pain and Suffering In Illinois?

A serious injury causes medical bills to accumulate while an injury victim might also be unable to return to work in their previous capacity, or at all. These are tangible, economic losses, while pain and suffering is an intangible loss. In addition to pain and suffering, an injury victim has the right to seek compensation for other intangible damages, such as:

  • Emotional trauma, PTSD, anxiety, depression, and sleep disturbances
  • Catastrophic injury losses for permanent harm, such as loss of limb, scarring, facial disfigurement, loss of vision, hearing loss, organ loss, loss of enjoyment of life, or diminished quality of life

Medical expert testimony about pain and suffering and eyewitness testimony about the other non-economic impacts of the injury on the injury victim become crucial evidence in a claim for pain and suffering damages.

If a personal injury caused by someone else causes a loved one’s death, the personal representative of their estate may file a wrongful death claim on behalf of the family. Wrongful death claims in Chicago also recover non-economic damages, such as compensation for grief, anguish, and loss of love, companionship, and support.

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