Does Insurance Pay for Pain and Suffering?

If you or a loved one has been injured in an accident due to the negligence of someone else, you may ask, “Does insurance pay for pain and suffering?” Yes, insurance settlements often include compensation for pain and suffering. Personal injury claims include economic damages, such as lost wages and medical expenses. They also include non-economic damages, like emotional distress and physical pain and suffering, which are harder to measure.

Speak to a pain and suffering lawyer at our personal injury law firm about the details of your case to determine what insurance coverage is available for your personal injury claim.

Does Insurance Pay for Pain and Suffering?

What Is Pain and Suffering?

Pain and suffering refers to the physical discomfort and emotional distress caused by an injury. It varies from person to person and takes into account how the injury affects daily life and mental well-being.

How Is Pain and Suffering Calculated?

Pain and suffering refers to the physical pain and mental anguish experienced after an injury. Calculating its value in Illinois is based on factors like injury severity, recovery time, and its impact on daily life. Courts and insurance companies calculate pain and suffering often by using the “multiplier method”—which multiplies medical costs by a number (typically one to five), depending on the seriousness of the situation. They may also use the “per diem approach,” which assigns a daily value to the pain and suffering and totals it over time.

Unlike some states, Illinois does not cap compensation for pain and suffering, allowing the pain and suffering settlement to fully reflect the impact of the injuries.

When Can I NOT Claim Pain and Suffering?

Personal injury cases claiming pain and suffering damages are not valid when no physical or psychological injury can be proven or when the injury is unconnected to the incident in question. Your personal injury lawyer will need clear evidence that the discomfort is a direct result of your accident.

Is Pain and Suffering Covered by Workers’ Compensation in Illinois?

In Illinois, workers’ compensation does not cover pain and suffering, focusing instead on tangible expenses for suffered injuries, such as medical expenses and medical bills, rehabilitation costs, and lost wages.

Possible Compensation for Damages After a Car Accident

If you have been in a car accident with severe injuries, you may be entitled to compensation for a variety of damages, including medical bills, lost wages, and pain and suffering. In some cases, insurance companies pay for other non-economic losses, such as emotional distress or loss of consortium.

Pain and Suffering Compensation Following a Car Accident

Examples of pain and suffering claim compensation after a car accident include: emotional pain, chronic pain, anxiety, post-traumatic stress disorder (PTSD), loss of enjoyment in life, and severe discomfort during daily activities.

How Do I Prove Pain and Suffering in a Personal Injury Lawsuit?

To prove pain and suffering, especially involving more severe injuries, document all medical treatments, gather testimonies from mental health professionals, keep a diary detailing daily pain levels, and collect evidence of lifestyle changes due to the injury.

Personal injury attorneys use this documentation to support your claim for fair compensation.

Contact The Kryder Law Group, LLC Accident and Injury Lawyers, Today

During a free consultation, you’ll speak with an experienced personal injury lawyer to discuss the details of your case. We will review your medical records, counsel you on the viability of your claim, and outline the potential for compensation for your current and future pain and suffering. Most personal injury cases settle at the negotiation table. If yours does not, your skilled personal injury attorney can argue your case in court.