Calculating Pain and Suffering Damages

Last updated: 11-15-2020

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Calculating Pain and Suffering Damages

An accident can have far reaching repercussions stemming from the injuries and experience of the car crash itself. If you find yourself involved in a car accident and are in recovery, basic daily activities can be challenging and pain may prevent you from sleeping, which can compromise your quality of life. This is the main reason why pain and suffering are calculated when it comes to insurance.

In Illinois, pain and suffering means the physical pain and mental suffering caused by a personal injury. This can include physical discomfort, as well as mental anguish, such as depression, resulting from the pain or because of frustration if the victim is physically disabled during recovery. It is categorized as non-economic harm since no formula exists to calculate it.

When your attorney is ‘calculating’ the compensation you need and deserve for your pain and suffering, he/she considers the extent of the damage it caused. This includes:

Pain and suffering affects different people in different ways. Some may be able to heal faster from a broken leg, while others (such as people who suffer from diabetes or other illnesses) may take longer to heal. Still others may not be able to withstand the pain and can end up harming themselves due to the trauma the experienced. These factors are considered when a value is being assigned to a claim.

However, the procedure is complicated because there are no bills and receipts that can physically show how much the victim is suffering. Your attorney will use a multiplier method to calculate economic damages you face. If the insurance company refuses to pay the amount, you have the right to sue them.

If you or someone you care about is facing a similar dilemma, get in touch with our attorneys at the Law Offices of Robert T. Edens today. We have years of experience representing personal injury victims in court and have a solid track record of success in Chicago, Waukegan, Libertyville, Woodstock or Antioch, IL.


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