Pain and Suffering Is Real, Even If You Cannot See It
After an accident, your medical bills and lost wages are easy to add up. They come with receipts. But what about the pain you live with every day? The sleepless nights? The activities you can no longer enjoy? The anxiety every time you get in a car?
Illinois law recognizes that these losses are real and compensable. Pain and suffering damages are a critical part of most personal injury cases. But calculating them is more complicated than adding up receipts.
What Counts as Pain and Suffering in Illinois?
Pain and suffering is a broad category that covers non-economic damages. In Illinois personal injury cases, it includes:
- Physical pain. The actual pain from your injuries, both at the time of the accident and ongoing.
- Emotional distress. Anxiety, depression, PTSD, fear, and other psychological effects of the injury.
- Loss of enjoyment of life. If you can no longer do activities you used to enjoy, like sports, hobbies, or playing with your children, that is compensable.
- Disfigurement. Scars, burns, amputations, and other visible changes to your body.
- Disability. Permanent limitations on your physical or cognitive abilities.
- Loss of consortium. The impact on your relationship with your spouse, including companionship, affection, and intimacy.
These are sometimes called “general damages” because they do not come with a fixed dollar amount.
Illinois Does Not Cap Pain and Suffering in Most Cases
Unlike some states, Illinois does not impose a statutory cap on pain and suffering damages in most personal injury cases. The Illinois Supreme Court struck down damage caps for medical malpractice cases in Lebron v. Gottlieb Memorial Hospital, 237 Ill. 2d 217 (2010), finding them unconstitutional under the Illinois Constitution’s separation of powers clause.
This means that in car accident cases, truck accident cases, premises liability cases, and most other personal injury claims, there is no legal limit on what a jury can award for pain and suffering. The amount depends entirely on the evidence and the jury’s judgment.
Methods Courts and Attorneys Use to Calculate Pain and Suffering
There is no official formula in Illinois law for calculating pain and suffering. However, several methods are commonly used by attorneys, insurance adjusters, and juries.
The Multiplier Method
This is the most common approach used in settlement negotiations. It works like this:
- Add up all your economic damages (medical bills, lost wages, property damage).
- Multiply that total by a number between 1.5 and 5 (or higher in severe cases).
- The result is the estimated value of your pain and suffering.
The multiplier depends on the severity of your injuries. A minor soft tissue injury might use a multiplier of 1.5 to 2. A catastrophic injury like a spinal cord injury or traumatic brain injury might use a multiplier of 4 to 5 or more.
Example: You have $80,000 in medical bills and $20,000 in lost wages. Your economic damages total $100,000. With a multiplier of 3, your pain and suffering would be valued at $300,000. Your total claim would be $400,000.
The Per Diem Method
This method assigns a daily dollar amount to your pain and suffering and multiplies it by the number of days you have been (or will be) affected.
Example: Your attorney argues that your pain is worth $150 per day. You have been in pain for 500 days since the accident and are expected to deal with chronic pain for another 2,000 days. That is $150 x 2,500 = $375,000 in pain and suffering.
The per diem method is particularly effective in cases with long recovery periods or permanent injuries because it makes the calculation concrete and easy for jurors to follow.
Jury Discretion
At trial, the jury decides the amount. They are not required to use any particular formula. Attorneys present evidence and arguments, and the jury weighs everything to reach a number they believe is fair.
Illinois Pattern Jury Instructions (IPI) 30.01 through 30.07 guide jurors on what they can consider when awarding damages, including the nature and extent of injuries, pain, disability, disfigurement, and the impact on the plaintiff’s life.
Factors That Increase Pain and Suffering Awards
Several factors tend to push pain and suffering values higher in Illinois cases:
Severity of Injuries
Broken bones, herniated discs, torn ligaments, burns, and internal organ damage all result in higher pain and suffering awards than sprains and strains. The more serious the injury, the more pain and suffering a jury is likely to award.
Duration of Recovery
An injury that heals in six weeks is worth less than one that takes two years of physical therapy. Permanent injuries that will affect you for the rest of your life command the highest awards.
Impact on Daily Life
If your injury prevents you from working, exercising, sleeping, driving, or caring for your family, that significantly increases the value of your claim. Documenting these limitations is essential.
Surgery and Invasive Treatment
Cases involving surgery, hardware implantation, injections, and other invasive procedures typically result in higher pain and suffering awards. The pain and risk of surgery itself is compensable.
Disfigurement and Scarring
Visible scars, especially on the face, arms, or other exposed areas, increase pain and suffering awards. Illinois courts recognize that disfigurement affects self-esteem, social interactions, and quality of life.
Emotional and Psychological Impact
PTSD, depression, anxiety, and other psychological conditions resulting from the accident are compensable. Having a mental health professional document these conditions strengthens the claim.
Age of the Plaintiff
A 25-year-old with a permanent disability will live with that condition much longer than a 70-year-old with the same injury. Younger plaintiffs typically receive higher awards because the suffering extends over more years.
Factors That Decrease Pain and Suffering Awards
Several factors can reduce your pain and suffering recovery:
- Gaps in medical treatment. If you did not follow your doctor’s orders or stopped going to appointments, the defense will argue your injuries were not that bad.
- Pre-existing conditions. If you had the same type of injury before the accident, the defense may argue the accident did not cause your current pain.
- Inconsistent statements. If you told the ER doctor you were fine but later claimed severe pain, the inconsistency hurts your credibility.
- Social media activity. Photos of you hiking, dancing, or playing sports while claiming severe pain and suffering can destroy your case. Insurance companies routinely monitor social media.
- Comparative fault. Under Illinois modified comparative fault law, if you are partially at fault for the accident, your pain and suffering award is reduced by your fault percentage. If you are 50% or more at fault, you get nothing.
Evidence That Supports Pain and Suffering Claims
Strong evidence makes the difference between a modest award and a significant one. Key evidence includes:
- Medical records. Every doctor visit, test, surgery, and prescription documents your physical condition.
- Pain journals. A daily record of your pain levels, limitations, and emotional state provides detailed evidence that medical records alone do not capture.
- Therapist and psychologist records. Professional documentation of emotional distress, anxiety, depression, and PTSD.
- Testimony from family and friends. People who see you every day can describe how the injury changed your life, personality, and abilities.
- Before-and-after evidence. Photos, videos, and documentation showing your active lifestyle before the accident compared to your limitations after.
- Expert testimony. Medical experts, life care planners, and economists can project future pain and suffering and assign a dollar value.
Pain and Suffering in Wrongful Death Cases
In wrongful death cases, pain and suffering takes on a different dimension. Under the Illinois Wrongful Death Act (740 ILCS 180), the family can recover for the grief, sorrow, and mental suffering caused by the death. Under the Survival Act (755 ILCS 5/27-6), the estate can recover for the pain and suffering the deceased experienced between the time of injury and death.
How Insurance Companies Evaluate Pain and Suffering
Insurance adjusters use software programs like Colossus to generate initial settlement values. These programs input your medical diagnosis codes, treatment duration, and other factors to produce a range. The output is a starting point for the insurance company, not a final answer.
These programs consistently undervalue pain and suffering. They cannot account for the human experience of living with chronic pain, losing independence, or dealing with emotional trauma. This is why cases that go to trial often result in significantly higher pain and suffering awards than initial insurance offers.
Motorcycle Accident Pain and Suffering
Motorcycle accident victims often suffer the most severe injuries: road rash, broken bones, traumatic brain injuries, and spinal cord damage. Because motorcyclists have no vehicle structure protecting them, the injuries tend to be catastrophic. Pain and suffering awards in motorcycle cases are often among the highest in personal injury law.
Protecting Your Pain and Suffering Claim
- Get medical treatment immediately and follow through. Gaps in treatment are the number one way insurance companies attack pain and suffering claims.
- Keep a pain journal. Daily notes about your pain, limitations, and emotional state build a powerful record.
- Stay off social media. Or at minimum, do not post anything that contradicts your injury claims.
- See a mental health professional. If you are experiencing anxiety, depression, or PTSD, get it documented by a professional.
- Hire an experienced attorney. The right lawyer knows how to present pain and suffering evidence effectively and fight for the full value of your claim.
Talk to Phillips Law Offices Today
Pain and suffering is often the largest component of a personal injury award. Do not let an insurance company minimize what you have been through.
Call Phillips Law Offices at (312) 346-4262 or contact us online for a free consultation.