In Illinois, “pain and suffering” is a legal term for the physical discomfort and emotional distress caused by an injury. If you have been wrongfully injured in a car accident in Illinois because of somebody else’s negligence, you may be asking yourself, “Can I be compensated for pain and suffering in a car accident?” You can, as GWC Injury Lawyers explains.
Pain and Suffering in a Car Accident Is Compensable
If you have been wrongfully injured, there are typically two types of damages that are considered when financial compensation is assessed: economic damages and non-economic damages. Economic damages are the out-of-pocket expenses related to an injury, such as medical bills. Non-economic damages are the more subjective, non-monetary costs of an injury, including pain and suffering.
How are non-economic damages like pain and suffering measured in economic terms in a car accident claim? Technically speaking, there are no limits in Illinois on the amount that a personal injury victim may receive for pain and suffering. While some states have a ceiling on compensation for pain and suffering, the Illinois Supreme Court has ruled that caps on such damages are unconstitutional.
However, Illinois does limit compensation for claims against the state to a maximum of $2 million. Furthermore, Illinois’ “modified comparative negligence” rule bars any recovery if the plaintiff was more than 50 percent responsible for causing the injury. When recovery is not barred in such circumstances, the damages are diminished in proportion to the amount of fault attributable to the plaintiff.
Nevertheless, in all other cases, a jury, an insurance adjuster, or a defense attorney may consider multiple relevant factors when assigning a value to non-economic damages in a car accident, such as pain and suffering.
How an Illinois Car Accident Attorney Can Help You
It is inherently difficult to measure damages for pain and suffering because the circumstances of each injured person are so unique. For this reason, many car accident victims consider hiring a knowledgeable attorney to help them obtain the justice they deserve, such as the car accident attorneys at GWC Injury Lawyers LLC.
With over $2 billion recovered for our clients in verdicts and settlements, GWC has the experience, the determination, the resources, and the reputation of success you need to make sure you receive the financial compensation you deserve.
If you have been wrongfully injured in a car accident because of somebody else’s negligence, please contact GWC today for a free, no-obligation consultation with one of our car accident attorneys. You may call our office at (312) 464-1234 or click here to chat with a representative at any time.<< BACK TO BLOG POSTS