How Do You Calculate Pain and Suffering for a Car Accident Claim?
Car accidents can have devastating consequences, especially for victims of negligent drivers. If you suffered severe injuries in a collision, you have the right to file a claim for compensation with the at-fault driver’s insurance provider or a lawsuit against the driver. In Illinois courts, pain and suffering can be accounted for in your compensation. If you have questions about the value of your claim, a McHenry County, IL car accident attorney can help you identify your recoverable losses.
What Is Pain and Suffering in an Illinois Car Accident Claim?
"Pain and suffering" is a broader term used to describe the emotional distress, physical discomfort, loss of enjoyment of life, and mental anguish associated with injuries caused by someone else’s actions. It is part of the compensatory damages, which include economic and non-economic damages, related to personal injuries and categorized as a non-economic loss. This just means that it does not have an inherent monetary value, like medical costs and lost income.
How is Pain and Suffering Calculated for an Illinois Car Accident Claim?
The most commonly used method for calculating damages is the multiplier method. This entails taking the total value of economic damages, like the cost of medical expenses and lost income, and multiplying them by a number between 1.5 and five. A large multiplier is indicative of more severe injuries. For example, if your accident resulted in economic damages valued at $100,000, and the multiplier for your case is two, the value of your pain and suffering would be $200,000.
Another, less commonly used, way to calculate pain and suffering is the "per diem" method. Using this technique, you would calculate how many days you spent suffering and assign a dollar value per day. The value would depend on the intensity of your suffering. Additionally, if you are expected to experience permanent pain, you would calculate the number of days based on your life expectancy.
Factors Used To Value Damages for Pain and Suffering in Illinois
The court considers several factors when determining how to compensate victims for their pain and suffering:
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Injury severity: In general, more severe injuries cause greater pain and suffering. For example, bruises and broken bones would likely account for less compensation than a traumatic brain injury or permanent disability.
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Daily impact: This refers to how your injuries impact your everyday life, including your ability to work, do normal activities, or maintain relationships.
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Emotional impact: Severe accidents and injuries can result in post-traumatic stress disorder, anxiety, and depression.
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Recovery time: Injuries that require longer recovery and more extensive medical intervention would cause more pain and suffering.
The law also considers whether you were partially at fault for the accident. In Illinois, the financial value of your pain and suffering can be reduced by the percentage of fault you carry for the accident.
Contact a Lake Zurich, IL Car Accident Attorney for a Free Consultation
If you want to know what your pain and suffering are worth based on the circumstances of your accident and injuries, talk to a Lake County, IL car accident lawyer at Premier Illinois Injury Lawyers today. We have over 25 years of combined experience with personal injury law, and we believe wholeheartedly in fighting for your right to recover compensation for your losses and hold the at-fault party from your accident accountable for their negligence. Call 847-796-8448 to schedule a free consultation today.





