Recovering for Pain and Suffering in an Illinois Car Accident Case

If you were injured in a car accident in the state of Illinois, you will want to consider pursuing a legal claim for your damages. Some of the damages you might be entitled to recover include compensation for your physical and mental pain and suffering. It’s important to understand Illinois’s laws on pain and suffering damages to know if you can recover this type of compensation in your case. 

Illinois Laws Regarding Pain and Suffering Damages 

The state of Illinois considers the term “pain and suffering” in a personal injury case as including the emotional, mental, and physical effects a person endures following a physical injury. These are a kind of non-economic damages, which means that they do not have a set monetary value tied to them the way that your medical bills and lost wages do after a car accident. 

It can be difficult sometimes to determine the value of pain and suffering damages because it requires subjective evidence from the injured person. Despite the difficulty in calculation, however, most personal injury cases, like car accident cases, can be eligible for pain and suffering compensation. 

How Are Pain and Suffering Damages Determined?

In an Illinois car accident case, if the case proceeds to trial, the jury will be deciding the amount of pain and suffering damages to award to the plaintiff. The plaintiff will present evidence regarding pain and suffering and will request a certain amount of money for those damages. During the process of deliberation, the jury will decide if pain and suffering damages should be awarded and, if so, how much should be allocated.

Many car accident cases in Illinois settle prior to a trial taking place, however. In the event of a settlement, a person’s car accident attorney will present a demand that includes a certain amount for pain and suffering. 


Stein & Shulman, LLC has over 45 years of combined experienced in Illinois Personal Injury Law. You can receive a free and instant case review by calling our office at 312.422.0500.

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