The consequences of an accident can go far beyond medical bills and lost earnings. If you suffer a severe injury in a car or other accident, you could have tremendous pain and suffering, making life difficult to bear. When another person caused the accident, how is pain and suffering compensation determined in a lawsuit? Learn about pain and suffering compensation below, then our Cook County personal injury attorney at The Law Offices of Robert T. Edens, P.C., can answer your questions.
In a legal context, pain and suffering refer to physical or emotional distress due to a physical injury. Pain is the discomfort you feel in your body from the injury, while suffering is the psychological or emotional harm you experience. Suffering may include anxiety, depression, PTSD, anger, frustration, and sadness about your physical condition.
Pain and suffering are often called non-economic damages in a personal injury case because they lack the specific economic value that medical bills and lost earnings have. Pain and suffering after an accident are real but subjective, so what you deserve in compensation in a claim or lawsuit is open to debate.
Illinois personal injury cases have no formula for pain and suffering damages. There are many ways that pain and suffering can be measured to put a monetary value on what you are experiencing. The following methods are most commonly used to measure pain and suffering:
Assigning an exact value to your pain and suffering is difficult, so a multiplier may be used. Your pain and suffering would be given a number from 1-5 depending on how severe your injuries are. One is the least amount of pain, and five is the worst. That number is multiplied by your medical bills, lost wages, and other economic losses.
Suppose you were hit by a car in Chicago and shattered your femur. You needed $20,000 for medical treatment and lost $5,000 in wages. Your leg will never fully heal, so you have a small limp, so your pain and suffering is valued at 4. In this case, you would receive $100,000 in pain and suffering.
Another way to value pain and suffering is to use a per diem. The insurance company might place a per diem estimate for your pain and suffering. Then, that number is multiplied by how many days you were suffering pain.
For example, if your pain and suffering is valued at $500 per day and you had pain for 60 days, you would receive $30,000 in compensation for pain and suffering. This is only an estimate, and the amount you receive in your case could be more or less. Talk to an attorney about your case specifics to understand your pain and suffering compensation.
If you were in an accident caused by another party, you may endure substantial pain and suffering. You could be entitled to compensation for your pain and suffering, as well as for medical bills, lost wages, and property damage. Contact our Cook County personal injury attorney at The Law Offices of Robert T. Edens, P.C. for help with your claim, so please call (847) 395-2200.