Pain and suffering is separate from medical bills when it comes to compensation in a civil matter.
Medical bills are objective evidence of the financial damages that have been incurred. They can be used to support a claim for reimbursement in a civil lawsuit. Pain and suffering is more subjective, and it can be more difficult to place a monetary value on it.
In a civil case, pain and suffering may be compensated through damages awarded by a judge or jury. This can include both economic damages, such as lost wages, and noneconomic damages, such as emotional distress.
Each injury case is different; however, compensation typically includes items such as medical costs, time missed from work, and pain and suffering. In Illinois, calculating pain and suffering damages is not as simple as calculating other types of financial compensation. There is no objective way for calculating pain and suffering of an injured person.
Experienced personal injury lawyers can assess your case to calculate pain and suffering. They will build a case proving pain and suffering for severe injuries and determine what personal injury damages you may be eligible for when you have suffered injuries due to someone else’s negligence.
In this Article
Types of Pain and Suffering Compensation
While your medical bills relate to procedures and treatments to ease your “pain and suffering,” this phrase carries further meaning in a civil case. “Pain and suffering” relates to not only your physical pain but also your mental anguish. This can include, but is not limited to:
A personal injury attorney can help you understand the types of compensation possible for your case to offset your financial losses. Your lawyer may also be able to identify parties who are liable for the compensation you are entitled to.
It’s important to seek legal counsel as soon as possible after your accident. There may be a statute of limitations that applies to your case, which would prevent you from recovering damages if you wait too long to file a claim.
You May Get Compensation for Economic and Noneconomic Damages
Both personal injury and wrongful death cases include the pursuit of economic and non-economic damages for injuries or loss.
These types of damages are easier to understand because they are clear cut. Medical bills, for example, include the direct correlation between care and costs, and they often need little explanation.
Your medical bills may include medical transport to the hospital, along with medical and hospital fees. The following ongoing costs associated with personal injury cases are may also be included in compensation:
Therapies for chronic pain
These are just a few examples of the types of economic damages generally included in an injury lawsuit.
Damages that are intangible are often more challenging to explain to jurors. The pain you experience with your injuries or the loss of companionship of your loved one has no specific monetary value.
If your injuries prevent you from returning to the quality of life you enjoyed prior to the accident, you may suffer from depression or anxiety. The loss of your spouse, parent, or child, who was invaluable to you, is also difficult to assign a specific dollar amount.
Protect Your Rights Under Illinois Law
When the negligence of another person results in serious injuries or a devastating loss for you, there may be legal options under Illinois’ Code of Civil Procedure (735 ILCS 5/). To better understand how to proceed with litigation for possible compensation of all types, call today for a free consultation.
Your first step may be to file a personal injury claim with the at-fault party’s insurance company. You will likely need to provide evidence to support your claim, such as medical records, police reports, and witness statements. The insurance company will then investigate your claim and determine if they will offer you a settlement.
If the insurance company denies your claim or offers you an amount that is lower than what you believe you deserve, you may file a personal injury lawsuit against the at-fault party in civil court. It’s important to have an experienced personal injury lawyer on your side to help you navigate this process.
A successful personal injury case could result in compensation for all of your damages, including:
Medical expenses and medical treatment
Pain and suffering
Related: If you’re a victim of a catastrophic injury, you’re likely dealing with more long-term pain and suffering. To cover the costs of lifetime rehabilitative care, speak with a catastrophic injury attorney to get the compensation you deserve.
Do Not Settle for Less Than You Are Entitled To
An insurance company offer to settle your case may include compensation for both economic and noneconomic damages. It may seem like a large sum, and you may feel tempted to accept it, but it is advised that you do not accept it and hire a personal injury lawyer instead.
Avoid Accepting a Low-Dollar Settlement
Accepting a settlement without legal representation may prevent you from pursuing compensation later if your medical condition worsens. An initial settlement offer tends to be a low-dollar amount designed to protect the insurance company’s best interests and not yours.
Get an Experienced Negotiator Working for You
A personal injury lawyer understands how to negotiate with insurance companies. They strive to reach a fair settlement out of court. Your lawyer may also be ready to take your case to trial to help you receive a fair outcome in your case.
It is not advised that you try to negotiate with an insurance company on your own. It can leave you feeling frustrated, and you may end up without the compensation you need for your medical needs. You have enough to deal with during this most difficult time in your life. Leave the details—and the negotiations—of your case to a personal injury lawyer.
Our Law Firm Can Help Serve Your Legal Needs
Civil matters involving personal injury or death can be quite complex and challenging. Pain and suffering is separate from medical bills when it comes to possible compensation.
A personal injury lawyer at The Kryder Law Group, LLC, can serve your legal needs by helping you pursue the compensation you need and are entitled to. The accident that resulted in serious changes to your life might have been preventable had the negligent party utilized care.
Start with a Free Case Evaluation
We offer a free case evaluation, so reach out to us as soon as possible. State law limits the time allowed to file your civil case. Missing the deadline defined by the statute of limitations in Illinois may bar you from pursuing compensation later on.
Do not miss your chance to protect your personal interests and your financial needs. While the initial settlement offer from the insurance company might appeal to you, it may not be enough to cover your future medical care.
The negligence that caused your serious injuries or resulted in your loss is not fair and demands accountability. No amount of money can return your life to normal or replace your loved one. It can, however, serve as a form of justice and protect others from suffering the same fate.
If you suffered serious injuries or lost a close loved one due to the negligent actions of another person, call today.
Related: If you’ve been injured by a negligent physician, health care provider, or medical facility, a Chicago medical malpractice lawyer can help you receive pain and suffering damages.
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The Kryder Law Group, LLC Accident and Injury Lawyers, 134 North LaSalle St. Suite 1515 Chicago, IL 60602