What Qualifies as Pain and Suffering Damages in Illinois?

 Posted on September 19, 2023 in Personal Injury

If you are injured in an accident caused by someone else, you can recover damages for your pain and suffering. However, what exactly constitutes compensable pain and suffering? An Illinois lawyer can help you determine if you have a case for your specific situation. The following is what may qualify you for damages in this state.

Physical Pain

Any physical pain stemming from crash-related injuries qualifies for damages. This includes pain from initial trauma, hospital stays, surgeries, procedures, and medical treatments. Compensation depends on the pain's severity, duration, and impact on daily functioning. Keeping detailed records helps establish this. Documenting pain levels frequently using a scale of 1-10 can demonstrate severity over time.

Mental Suffering

Accident victims can receive damages for related mental suffering. This includes negative emotions from injuries, like depression, anxiety, fear, sadness, and anger. Working with a therapist can validate these mental health impacts for court. Keep notes on days when mental distress makes even simple tasks difficult.

Loss of a Normal Life

If injuries make you unable to participate in regular activities you previously enjoyed, compensation for this reduced quality of life is warranted. Damages correspond to the limitations, such as an inability to engage in sports, hobbies, and social events that formerly brought you happiness.

Disfigurement

In some cases, crash injuries cause permanent scarring or disfigurement. The appearance changes, and related mental distress qualify for pain and suffering compensation. Usually, more severe, noticeable scarring merits higher damage amounts.

Future Pain and Suffering

Ongoing injuries can continue, causing pain far into the future. So, pain and suffering are factors in expected future impacts based on medical testimony. Appropriate treatment can reduce future pain, but full recovery is not always possible.

Impact on Relationships

Accident injuries strain personal relationships, including loss of companionship for spouses. These emotional impacts qualify as pain and suffering. Documentation helps, but courts know injuries negatively affect relationships.

The physical, mental, emotional, and relational toll of accident injuries may qualify as pain and suffering under Illinois law. With the proper evidence and advocacy, victims can receive just compensation through these non-economic damages.

Contact a Springfield Personal Injury Attorney

Going through a personal injury incident is daunting enough. You deserve to recover any damages that you can. An Illinois personal injury lawyer can help you sort out the details of your case, look at the evidence you have, and see which step you should take next. Call Kanoski Bresney at 888-826-8682 for a free consultation.