In Chicago (and the entire state of Illinois), laws guide the damages paid for pain and suffering. The law states that damages for this cannot be provided unless they were caused by negligence.
If it is found that the person requesting compensation was negligent, they will be unable to recover pain and suffering damages.
Negligence is defined as someone’s failure to use reasonable care based on the circumstances. To prove negligence, a plaintiff must show that the defendant had a duty to protect the other party from injury, that the duty was breached, and that the breach caused some type of damage.
Pain and Suffering in a Car Accident Claim
The term pain and suffering is often used in personal injury cases. It is what most people think of when it comes to an “injury.” However, there are two types of pain and suffering in these situations:
- Mental anguish
- Physical pain
Mental anguish includes the emotional distress, depression, anxiety, and PTSD an accident may cause. Physical pain includes any injuries or damage to your body that causes discomfort.
Physical injuries typically cause physical pain. The injuries can be minor or more severe. Minor injuries include things like broken bones, bruises, sprains, and cuts. More serious injuries are those that require hospitalization, surgery, or ongoing rehabilitation.
If you experience a serious injury in a car accident, you should be checked out by a doctor immediately. Don’t wait until you feel worse to get treatment.
Mental anguish occurs when you experience severe physical pain. It can be caused by your fear of being hurt again or even death. After a car accident, mental anguish is common. It may also occur if someone harms you intentionally, and it does not always include physical pain.
Determining Your Compensation for Pain and Suffering
There are a few ways to calculate pain and suffering. These methods include:
The Multiplier Method
With this, the court will determine the percentage of the total award that is suitable for pain and suffering. After that, the court will multiply the award amount by the percentage of pain and suffering. The result is how much money the plaintiff should receive for their pain and suffering.
The Per Diem Method
For this method, the court multiplies the total number of days a person is hospitalized by the hourly rate that the hospital charges.
Both methods are effective and provide a viable option for determining pain and suffering damages after a car accident.
Don’t Wait to Hire a Chicago Car Wreck Lawyer
If you are involved in a car accident, it is wise to seek representation from a Chicago car wreck lawyer. A reputable and experienced attorney will be able to help you recover the full amount of compensation you are entitled to. Don’t wait to seek legal representation. The longer an attorney has to investigate your case and situation, the more compensation you can receive.
