Illinois Lawyer Referrals and Legal Guidance
Pain & Suffering in Illinois Personal Injury Lawsuits
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As part of our service we write articles about various areas of Illinois law. This page discusses pain and suffering.
When a person files a personal injury suit, one component of his case is the issue of "damages". Damages are what the judge or jury will consider when considering monetary compensation for an injury. A key component of damages is showing you have experienced "pain and suffering".
Unlike lost wages or payment of medical bills, pain and suffering and what it’s worth is subjective. In other words, one jury may find that it’s worth one amount and another could come up with a greatly increased or reduced dollar amount. A jury in a Cook County car accident lawsuit may come up with a way different result than a jury in an Urbana car accident lawsuit with the same facts.
Pain and suffering may cover a wide variety of ailments because it includes not just the pain or suffering you experienced immediately following your injury, but also any additional pain and suffering. It may also include ongoing physical, mental or emotional pain.
Physical pain:
When a person is involved in a car accident, he may immediately experience an injury from broken glass and need stitches or other immediate medical care. However, weeks later, he may experience continuing pain, such as a sore back or neck, as a result of the crash. This later injury will be included in his pain and suffering.
To prove physical pain and suffering a good Illinois personal injury attorney will highlight statements from medical records and discuss the pain at deposition and/or trial with doctors as well as the plaintiff. In addition, it’s common for family members and friends to testify as to what they observed about the injured person as compared to before their accident.
Mental or Emotional pain:
Aside from the more obvious physical pain you may experience from your accident, it is also possible to include any mental or emotional anguish that you experience as a result.
When a person is involved in a traumatic car accident, he may have immediate and long term physical pain. However, he may also experience anxiety or fear from the accident. He may be frightened of traveling in a car. He may be experiencing embarrassment or humiliation because the accident has left him debilitated or scarred.
The following are examples of mental or emotional suffering you may incur because of an injury:
- Depression
- Anxiety
- Fear
- Humiliation or embarrassment
- Grief
- Shock
- Nervousness
Again, accident lawyers in Illinois call on their client and other witnesses to testify about this. If you are alleging emotional trauma we suggest that you see a psychologist for your health and to verify your problem.
Measuring Pain and Suffering:
Physical pain or emotional suffering from an injury may have a permanent and lasting effect on a person’s life and livelihood. They can result in shortened life span, temporary or permanent limitations on activities, unemployment and unhappiness.
There are no absolute means of measuring a person’s pain and suffering. There are also no real guidelines for jurors who are weighing a plaintiff’s pain and suffering to follow. Therefore, the plaintiff must simply try to proffer the best evidence of the effects his injury has had on him economically, physically, mentally, and on a daily basis.
Finally, in Illinois you can receive damages for loss of consortium. Simply put if you are unable to have sexual relations with your spouse or your injuries have damaged your ability to care for a spouse, be a good companion or provide diminished affection, you could have a claim for loss of consortium.
Like the other damages we have discussed, loss of consortium is subjective and needs to be proven by witness testimony.
In proving pain and suffering the right IL injury attorney is not only the difference between winning and losing, but also the difference between an ok result and a great result that truly compensates you for what you have gone through.
If you would like our help in finding the right personal injury lawyer for your case please contact us at (312) 346-5320. Since 2001 we have helped thousands of people with personal injury lawsuits in Chicago, Lake County, DuPage County, Peoria and just about everywhere else in Illinois. All calls are free and confidential.