“Pain and suffering” is a legal term for the personal discomfort and emotional distress resulting from a bodily injury. If you have been hurt because of somebody else’s negligence in Illinois, you may have thought of pursuing a personal injury claim. You imagine you can seek reimbursement for medical bills and other out-of-pocket expenses, but can you be compensated for pain and suffering? Yes, because personal injury cases may take “non-economic” damages into account.
Pain and Suffering Is Compensable
There are generally two types of damages considered when evaluating compensation in a personal injury case: “economic” and “non-economic.” Economic damages are the financial expenses directly related to an injury, like medical bills. Non-economic damages are the more subjective costs of an injury that do not have a specific price tag associated with them, with pain and suffering being one of the most common.
How do you assess non-economic damages like pain and suffering in economic terms? Under Illinois law, there are technically no limits on how much a personal injury plaintiff may receive for pain and suffering. While some other states may impose caps, the Illinois Supreme Court has ruled that limiting these types of damages is unconstitutional.
Nevertheless, Illinois does cap the maximum compensation for claims against the state at $2 million. The state’s “modified comparative negligence” rule also bars financial recovery if the plaintiff is more than 50 percent responsible for the cause of injury. When recovery is not barred, the damages could be reduced in proportion to the degree of fault attributed to the plaintiff.
In all other situations, multiple factors may be considered when calculating non-economic damages in a personal injury case, including pain and suffering.
Let a Personal Injury Attorney Help You
Because each personal injury case is unique, assessing the appropriate compensation for pain and suffering is inherently challenging. For this reason, thousands of injured victims over the years have sought out the services of the knowledgeable personal injury attorneys at GWC Injury Lawyers LLC.
With more than $2 billion recovered in verdicts and settlements on behalf of clients, GWC is one of the premier Personal Injury and Workers’ Compensation law firms in Illinois. Our dedicated personal injury attorneys have the experience, the determination, the resources, and the reputation necessary to get you and your family the justice you deserve.<< BACK TO BLOG POSTS