You’ve got medical bills and pain that won’t go away. Now the insurance company is throwing out a number for your “pain and suffering,” and you have no idea if it’s fair.
Unlike medical bills or lost wages, there’s no receipt for pain. There’s no set formula in Illinois law. How does anyone actually put a dollar figure on what you’ve been through?
The good news is that while there’s no single magic formula, there are real methods that Illinois attorneys, insurance companies, and juries use every day to calculate pain and suffering.
The personal injury lawyers at Dodds Law Office regularly help our clients calculate these types of damages. This guide breaks it down in plain English, so you know exactly what you’re owed.
What Counts as “Pain and Suffering”?
Illinois law divides personal injury damages into economic and noneconomic damages. Economic damages include medical bills and lost earnings. Noneconomic damages include “pain and suffering” and other “intangible” losses, such as disability and disfigurement.
“Pain and suffering” goes beyond the physical discomfort of injury to include the following:
- Anxiety and depression,
- Post-traumatic stress disorder (PTSD),
- General frustration or anger, and
- The loss of enjoyment of life.
These effects leave no receipts or bills, but do leave a genuine mark on people’s lives. This can be challenging to put a dollar figure on, which is where a personal injury lawyer’s skills come in.
What’s Your Pain and Suffering Worth? How Illinois Calculates It
In serious or catastrophic injury cases in Illinois, pain and suffering often forms a major part of the settlement. However, it’s also often highly contested by insurance companies.
Pain and suffering damages are not just a random number that insurance companies throw out. Insurance companies may use two common methods, described below, as the starting point for negotiations.
Method 1: The Multiplier Method
With the multiplier method, you add up your economic damages (medical bills, lost wages, etc.) and multiply by a number, usually between 1.5 and 5.
Example
Your medical bills were $25,000, and you lost $5,000 in wages. An insurance adjuster applies a multiplier of 3, for a pain and suffering estimate of $90,000 ($30,000 × 3).
Personal injury lawyers can often push for using a higher multiplier if:
- The injury is particularly severe,
- The damage was permanent (like a lasting limp or scar),
- Recovery took a long time, or
- Your daily life was greatly disrupted.
Without the help of an attorney, proving any of the above can be more challenging.
Method 2: The Per Diem Method
With the per diem method, you assign a dollar value to each day of pain, then multiply by the number of days you’re expected to suffer.
Example
An adjuster estimates your pain and suffering is worth $75 a day, and that you’re expected to suffer for 200 days, for a total of $15,000.
This method is typically used for injuries with a clear, defined recovery timeline. It often comes into play during settlement negotiations, as lawyers cannot argue a specific per diem amount to a jury.
Why Do You Need a Personal Injury Lawyer for Pain and Suffering Claims?
Your pain and suffering are genuine enough to you and your family, but how do you prove it?
Both calculation methods rely on subjective views about your injuries. Insurance adjusters often reduce claim values to protect shareholders’ interests.
Furthermore, many major insurers use proprietary claims software, such as Colossus, to generate settlement offers. This software may factor in whether you have legal representation, so having an experienced attorney can directly affect how the insurer values your claim.
A personal injury lawyer “evens the playing field” to help you get a fair result. Your lawyer gathers evidence to prove:
- Why the multiplier number should be higher, or
- Why the dollar figure or number of days in the per diem method should be higher.
Several types of evidence help support a case for higher pain and suffering damages. Some examples include:
- Medical evidence and records, which are the backbone of any claim;
- Testimony from doctors or specialists about your pain and its impact on your life;
- Photos of visible injuries, scars, or medical devices;
- Evidence showing the impact on work, hobbies, relationships, and daily routines; and
- Evidence showing that the effects of the injury are permanent.
While your lawyer is negotiating with the insurance company or taking legal action about your case, don’t post on social media. Insurance companies can use photos or anything you say as evidence to downplay your injuries or pain and suffering.
FAQs
Does Illinois Cap Pain and Suffering Damages?
Illinois generally does not cap pain and suffering in personal injury cases, unlike some states. This means your compensation isn’t artificially limited just because your pain is hard to put a number on. However, caps can still apply in certain claims against government entities.
What If I Was Partly at Fault for the Accident?
Under the modified comparative negligence rule in Illinois, you can still claim both economic and noneconomic damages if you’re 50% or less at fault for the accident. However, your compensation gets reduced by your percentage of fault. Insurance companies often try to shift blame onto the injured person to reduce payouts.
How Long Do I Have to File a Claim for Pain and Suffering in Illinois?
Illinois generally gives you two years from the date of the injury to file a lawsuit. It’s best to contact a personal injury lawyer as soon as possible after the accident, so that they can start to gather evidence, even if the full extent of the pain and suffering from your injuries is not yet known.
Get Help Calculating Pain and Suffering in Illinois
Pain and suffering is real, even when it’s hard to put a number on it. You shouldn’t accept whatever amount an insurance adjuster hands you, especially if they’re using their own formulas to keep your payout low.
At the Dodds Law Office, we’re proud of our 5-star Google rating, and we aim to maintain it. If you’re in the Bloomington area and have suffered serious injuries in an accident, we can help you build a strong case for fair pain and suffering damages. No upfront attorney fees. Contact us today.
