Calculating pain and suffering in Illinois is a complex process based on several factors. Pain and suffering may include physical pain, emotional anguish, and diminished quality of life following an accident or injury. No singular standard formula exists for calculating damages. Illinois law considers pain and suffering as non-economic damages. A skilled personal injury attorney understands the nuances of calculating pain and suffering.
“Pain and suffering” refers to the physical discomfort and emotional distress an injured person bears after an accident. Pain and suffering is a broad term that includes:
- Physical Pain
- Mental Anguish
- Loss of Enjoyment of Life
- Loss of Consortium
Illinois does not cap the amount of money an accident victim can receive for pain and suffering damages. This amount is awarded at the court’s discretion or based on the settlement negotiations.
Methods for Calculating Pain and Suffering in Illinois
Since pain and suffering do not come with a set dollar amount, Illinois courts and insurance companies typically use two primary methods to estimate fair compensation:
The Multiplier Method
The multiplier method is one of the most common ways to calculate pain and suffering. It calculates economic damages, such as medical bills, property damage, and lost wages. That amount is multiplied by a factor, usually 1.5 to 5. The severity of the injury and the impact on the claimant’s life determines the number. The multiplier used varies depending on:
- Severity and type of injury
- Likelihood of a full recovery
- How the injury impacts the person’s day-to-day life
- Emotional or psychological trauma caused by the accident
The multiplier method offers a relatively straightforward approach, but it may not be the best option when a higher level of compensation is necessary.
The Per Diem Method
The per diem method creates a daily dollar amount, or per diem, to compensate the accident victim for their pain and suffering. That amount is multiplied by the days the person is expected to experience pain due to the injury.
Courts often find it difficult to set the appropriate daily rate for the plaintiffs. The per diem needs to be reasonable, and courts should consider the income of the accident victim before the accident when determining the daily rate.
How Courts and Insurance Companies View Pain and Suffering in Illinois
Pain and suffering damages are calculated during settlement negotiations or by a jury. Insurance companies may initially offer pain and suffering damages lower than a court would award. It is necessary to have a skilled attorney who understands the nuances of damages to advocate for you. Courts may allow victims to present evidence of their pain and suffering. Evidence includes:
- Medical Records and Expert Testimony
- Photographic Evidence
- Personal Statements
The Importance of Legal Representation for Pain and Suffering Claims
Calculating pain and suffering requires careful knowledge of each case’s unique circumstances. An experienced personal injury attorney can help gather the necessary evidence, work with medical experts, and negotiate a fair settlement with insurance companies.
However, no amount of money can ever fully restore what has been lost as a result of an accident. But compensation for your pain and suffering can help ease the burden. It is crucial to seek the guidance of a skilled lawyer to help you calculate the damages for pain and suffering.
If you are dealing with the complexities of calculating pain and suffering damages, Fabbrini Law Group can assist you. Please contact us online or call 312-494-3131 to learn more about your rights under Illinois law.