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HomeBlogFracture InjuryHow Are Pain and Suffering Damages Calculated in Illinois?
14 April, 2024

How Are Pain and Suffering Damages Calculated in Illinois?

An accident often leaves a trail of devastation that stretches far beyond immediate medical bills and lost wages. The effects ripple through every aspect of life, impacting emotional well-being, family care, professional aspirations and even simple daily activities. Suddenly, life becomes a series of struggles and obstacles, each day more challenging than the last. But did you know that in Illinois, the law recognizes this struggle? Yes, it does, and it allows victims to claim financial compensation for these non-economic damages, commonly known as pain and suffering. At The Horwitz Law Group, our seasoned lawyers are here to guide you through this complex process and help you understand what compensation you may be entitled to.

What is Pain and Suffering?

In the legal parlance of personal injury law in Illinois, “pain and suffering” refers to the physical discomfort and emotional distress caused by an injury. It encompasses not just the physical pain, but also the psychological trauma that comes with it, including diagnosable conditions such as depression, anxiety, and PTSD, as well as general feelings of sadness, frustration or anger. These are considered non-economic damages, as they do not have a specific economic value and are based on each individual’s experience.

How is Pain and Suffering Calculated in Illinois?

Calculating pain and suffering can be a complex task. In Illinois, there is no set-in-stone formula for determining the compensation you are entitled to. However, two commonly discussed methods are the multiplier method and the per diem method.

The Multiplier Method

This method involves assigning a value to your claim based on the severity of your injury. This value, or “multiplier,” is then applied to the total value of your economic losses. For example, if your injury is severe enough to be assigned a factor of 4, and your economic losses amount to $26,000, the value of your pain and suffering would be calculated as $36,000 x 4 = $144,000.

The Per Diem Method

The per diem method assigns a daily value to your pain and suffering, which is then multiplied by the number of days you suffered from your injuries. If your per diem value is 5 and you suffered for 902.5 days, your total per diem value would be 5 x 902.5 = $4,512.50.

It’s important to note that these calculations are unique to each case, and these methods are not always reliable or accurate. The calculation of pain and suffering involves several factors, such as the nature and extent of injuries, impact on job or career, loss of enjoyment in hobbies and whether the injuries are permanent, among others. Furthermore, justifying your damages takes legal skill, since it’s common for accident victims to encounter resistance from insurance companies. Don’t hesitate to seek a lawyer’s assistance as soon as possible.

Calculate Your Damages With a Chicago Personal Injury Attorney

Pain and suffering damages are not straightforward to calculate. They require experienced legal guidance to ensure every loss is considered and the full extent of the experience is appreciated. It is here that an attorney becomes an invaluable ally. At The Horwitz Law Group, we have a proven track record of winning cases and securing every penny our clients deserve. We are unafraid of taking a case all the way to trial, and our reputation often encourages insurance companies to offer fair settlements to avoid litigation. Remember, when it comes to calculating your pain and suffering, you do not have to face this alone. Contact us today for a consultation.

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$5,300,000.00

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$4,500,000.00

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$1,600,000.00

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$270,000.00

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$255,000.00

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$250,000.00

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$233,000.00

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