If you’ve suffered physical pain, emotional distress, or a loss of quality of life due to a car accident, you have the right to seek compensation.
A car accident can leave you with more than just physical injuries—it can cause emotional distress, mental anguish, and a diminished quality of life. If you’ve suffered due to someone else’s negligence, you may wonder: Can you sue for pain and suffering after a car accident in Illinois? The answer is yes, but specific legal criteria and processes are involved.
📞 Need legal help? Contact Schierer & Ritchie, LLC today for a free consultation and learn how we can help you maximize your compensation.
What Are Pain and Suffering Damages?
Pain and suffering are the non-economic damages a victim endures after an accident. Unlike medical expenses or lost wages, which have clear financial values, pain and suffering damages compensate for an accident’s physical, emotional, and psychological toll.
Types of Pain and Suffering:
- Physical Pain: Chronic pain, ongoing discomfort, and long-term medical complications.
- Emotional Distress: Anxiety, depression, PTSD, or other mental health issues arising from the accident.
- Loss of Enjoyment of Life: When injuries prevent a person from engaging in hobbies or activities they once enjoyed.
- Disfigurement or Disability: Permanent scars, amputations, or other life-altering injuries that impact daily living. (Illinois Compiled Statutes, 735 ILCS 5/2-1115.2)
Can You Sue for Pain and Suffering in Illinois?
Yes, Illinois law allows accident victims to recover pain and suffering damages in personal injury claims. However, to qualify, you must prove that:
- The accident was caused by another party’s negligence (e.g., reckless driving, distracted driving, DUI).
- You sustained physical injuries as a result of the accident.
- The injuries have caused significant pain, emotional distress, or mental suffering.
Illinois follows a fault-based insurance system, meaning the at-fault driver (or their insurance company) is responsible for compensating victims. (Illinois Vehicle Code, 625 ILCS 5/7-203)
How Are Pain and Suffering Damages Calculated?
Since pain and suffering do not have a fixed dollar value, courts, and insurance companies use different methods to estimate compensation:
A. Multiplier Method
One common approach is the multiplier method, where economic damages (e.g., medical bills) are multiplied by a factor between 1.5 and 5, depending on injury severity.
For example:
- Medical expenses: $50,000
- Multiplier: 3 (for severe injuries)
- Pain and suffering damages: $150,000
B. Per Diem Method
This method assigns a daily dollar amount for pain and suffering, multiplied by the number of days the victim experiences pain. (Illinois Personal Injury Damages Guide)
For example:
- Daily rate: $200
- Duration of pain: 365 days
- Pain and suffering damages: $73,000
What Evidence Do You Need to Prove Pain and Suffering?
Since pain and suffering are subjective, strong evidence is required to support your claim. (American Bar Association – Personal Injury Litigation)
Key evidence includes:
- Medical Records: Proof of injury, treatments, and long-term prognosis.
- Expert Testimony: Statements from doctors or therapists about ongoing pain and psychological distress.
- Personal Journals: Written records detailing daily pain levels and emotional struggles.
- Testimonies from Family and Friends: Statements describing how the accident has impacted your daily life.
- Photos or Videos: Visual documentation of injuries and lifestyle changes.
Is There a Cap on Pain and Suffering Damages in Illinois?
No, Illinois does not impose a cap on pain and suffering damages in personal injury cases. In 2010, the Illinois Supreme Court ruled that caps on non-economic damages were unconstitutional. (Lebron v. Gottlieb Memorial Hospital, 930 N.E.2d 895 (Ill. 2010)
However, comparative negligence laws apply. If you are found partially at fault for the accident, your damages may be reduced. For example, if you are 20% at fault, your compensation will be reduced by 20%. (Illinois Compiled Statutes, 735 ILCS 5/2-1116)
How Long Do You Have to File a Pain and Suffering Claim?
The statute of limitations for personal injury claims in Illinois is two years from the accident date. If you fail to file within this timeframe, you may lose your right to seek compensation. (735 ILCS 5/13-202)
Exceptions apply in cases involving:
- Minors (under 18) – The statute extends until they turn 20.
- Discovery Rule – If injuries are not immediately apparent, the two-year clock starts when the injury is discovered.
How a Car Accident Lawyer Can Help Maximize Your Compensation
An experienced car accident attorney can:
- Prove negligence and liability.
- Negotiate with insurance companies for a fair settlement.
- Gather medical and expert testimony to support your claim.
- Take your case to trial if a settlement offer is too low.
Insurance companies often try to minimize pain and suffering payouts, making legal representation essential for maximizing compensation.
Should You File a Pain and Suffering Claim?
If you’ve suffered physical pain, emotional distress, or a loss of quality of life due to a car accident, you have the right to seek compensation. Pain and suffering damages are essential to personal injury claims and can significantly impact financial recovery.
📞 Need legal help? Contact Schierer & Ritchie, LLC today for a free consultation and learn how we can help you maximize your compensation.