How are Damages for Pain and Suffering Determined in Illinois?

Published on: 08/19/22 — In 

In Illinois, the state laws state will guide how damages for pain and suffering are determined. The law states that damages for pain and suffering are not allowed unless they are proven to have been caused by negligence. If the plaintiff was negligent, then he/she cannot recover any damages for pain and suffering. Negligence is defined as the failure to use reasonable care under the circumstances. In order to prove negligence, the plaintiff must show that the defendant had a duty to protect the plaintiff from injury; that the defendant breached his/her duty; and that the breach resulted in damage to the plaintiff.

In Illinois, the standard of care is set forth in section 343-1(b) of the Restatement (Second) of Torts. Section 343-1(b)(1) provides that a person who creates a risk of physical harm to others is subject to liability if he fails to exercise reasonable care to reduce or eliminate the risk. A person may be liable for failing to act even though he does not actually cause harm to anyone.

Chris Ktenas determining pain and suffering for his client's case

However, a person is not liable for harm resulting from a risk created by forces beyond his control. Section 343-1 (b)(2) provides that a person whose conduct involves no unreasonable risk of causing harm to others is not negligent if he neither knows nor should know of the existence of facts that create a high degree of risk of physical harm to them.

Other factors will as well be considered when it comes to determining pain and suffering in Illinois. If you have any questions about a potential pain and suffering case, then call and speak to our Chicago injury attorneys!

What is Pain and Suffering in an Injury Claim?

Pain and suffering is a term that is often used in personal injury cases. In fact, pain and suffering is what many people think about when they hear the word “injury”. However, there are two different types of pain and suffering. There is physical pain and mental anguish. Physical pain refers to any type of bodily damage that causes discomfort. Mental anguish includes emotional distress, anxiety, depression, and even post-traumatic stress disorder (PTSD).

Physical pain is caused by physical injuries. These injuries may be minor or major. Minor injuries may cause bruises, cuts, sprains, and broken bones. Major injuries may require surgery, hospitalization, or rehabilitation. If you have suffered a serious injury, you should seek medical attention immediately. You should not wait until you feel worse before seeking treatment.

man holding his injured back, Damages for Pain and Suffering

Mental anguish is a result of experiencing physical pain. It is caused by the fear of future harm or death. Mental anguish can occur after a car accident, slip and fall, or dog bite. It can also occur if someone hurts you intentionally. Mental anguish does not always involve physical pain.

If you believe that you have experienced pain and suffering due to negligence, contact an attorney from Ktenas Injury Lawyers. Book your free initial consultation so we can evaluate your case for you.

How are Pain and Suffering Normally Calculated?

Illinois law states that pain and suffering cannot be calculated unless the victim survives. If someone dies from their injuries, then they have no pain and suffering. However, if someone survives, then the family can sue for damages. In order to calculate these damages, the court uses the following methods;

Multiplier Method

The multiplier method is a way to calculate damages in personal injury cases. In Illinois, the multiplier method is used to determine how much pain and suffering should be awarded to a plaintiff who has been injured. The multiplier method was created to compensate plaintiffs for their injuries. The multiplier method is not meant to punish defendants; rather, it is meant to make sure that plaintiffs receive fair compensation for their injuries.

Related Content: Illinois Car Accident Statistics

In order to use the multiplier method, the court must first determine what percentage of the total award would be appropriate for pain and suffering. Then, the court multiplies the amount of the award by the percentage of pain and suffering. The result is the amount of money that the plaintiff should receive for his or her pain and suffering.

The multiplier method works best if the plaintiff's injuries are permanent. However, if the injuries are temporary, then the court may use a different method called the loss-of-earning capacity method. If the plaintiff cannot work due to his or her injuries, then the court uses the loss-of-income method to determine the amount of money that he or she should receive.

Per Diem Method

In order to determine how much money the plaintiff should receive based on their injuries, the court will multiply the number of days the plaintiff was hospitalized by the hourly rate charged by the hospital. The hourly rate is determined by multiplying the average daily cost of the hospital stay by the number of hours the plaintiff spent in the hospital.

person holding their injured knee

For this method to be used, the plaintiff must prove that they were injured while under the care of the defendant. If the plaintiff was not injured at the time of treatment, then the defendant cannot be held liable for any injuries sustained after the date of treatment.

Is There a Limit on Compensation You Can Get For Pain and Suffering?

There is no limit as to how much compensation you can get for pain and suffering in a personal injury claim in Illinois. If you have been injured in an accident caused by someone else’s negligence, then you may be entitled to compensation for medical bills, lost wages, and pain and suffering. In Illinois, the judge or jury has the final word on the compensation that you are entitled to. What this means is that you may able to receive a huge amount that can be able to help you to cover both the non-economic and economic costs that are associated with eth injuries that you have.

If you have suffered a serious injury, such as a broken bone, brain damage, spinal cord damage, etc. as a result of an accident, then you should consult with an experienced personal injury attorney immediately so they can advise you on the way forward.

FAQ: Who is responsible for your medical bills after a car accident in Illinois?

How Pain and Suffering Are Proven

Below are a few ways that you can prove pain and suffering.

  • Medical Records
  • Witness Statements
  • Photographs
  • Police reports
  • Damages
  • Doctor’s testimony

Even though a lawyer may not be able to give you an exact figure on how much compensation you can receive after an injury claim for pain and suffering. A personal injury lawyer from Ktenas Injury Lawyers can help you to approximate how much you can receive for pain and suffering after they evaluate your case and have all the facts regarding it. Give us a call and schedule your appointment.