Making a Pain and Suffering Claim After a Personal Injury Accident in Illinois

When you’ve been injured in an accident in Illinois, your losses go beyond medical bills and lost wages. The emotional, psychological, and physical toll of the accident, known legally as pain and suffering, can be just as damaging. If someone else’s negligence caused your injuries, you may be entitled to seek compensation for these non-economic damages. But how do you prove pain and suffering, and what does Illinois law say about these claims?

At John J. Malm & Associates, we understand that pain and suffering are often the most difficult parts of recovery. Our experienced team of Illinois personal injury attorneys has helped countless clients pursue full compensation, not just for the economic impact of an accident, but for the emotional distress and lasting pain that can follow.

What Is Pain and Suffering?

“Pain and suffering” refers to the physical pain and emotional distress a person experiences due to an injury as part of a personal injury claim. Unlike medical bills or lost income, these are non-economic damages, losses that don’t come with a receipt but are very real.

Pain and suffering in Illinois can include:

Chronic physical pain
Emotional distress (anxiety, depression, PTSD)
Loss of enjoyment of life
Sleep disturbances
Loss of companionship or consortium
Disfigurement or scarring
Embarrassment or humiliation

These damages allow courts to award relief that protects a victim’s mental and emotional well-being.

Can You Make a Pain and Suffering Claim in Illinois?

Yes. If you were injured due to someone else’s negligence, such as in a car accident, slip and fall, dog bite, or medical malpractice incident, you can seek compensation for pain and suffering. These damages are typically included as part of a personal injury lawsuit or insurance settlement.

In wrongful death claims, close family members may also recover for the pain and suffering of the deceased prior to death, as well as their own grief and loss of companionship under the Illinois Wrongful Death Act (740 ILCS 180/).

How Pain and Suffering Damages Are Calculated

Unlike economic damages, there is no fixed formula for calculating pain and suffering in Illinois. Judges, juries, and insurance companies consider several factors to determine a fair amount of compensation:

Severity of the injury
Length of recovery time
Whether the injury is permanent
Impact on daily life and activities
Emotional or psychological trauma
Credibility of the victim
Medical records and expert testimony

Evidence Used to Prove Pain and Suffering

To succeed in a pain and suffering claim, you must present compelling evidence that shows how the injury has impacted your life. Examples include:

Medical records and doctor’s notes
Photos of injuries or physical limitations
Prescription records for pain medication or therapy
Psychological evaluations or therapy notes
Personal journals describing pain levels and emotional struggles
Testimony from friends, family, or coworkers
Expert testimony from medical or mental health professionals

Insurance companies often downplay non-economic damages. Having thorough documentation helps your attorney build a strong case.

Pain and Suffering Damages in Different Types of Cases

Pain and suffering can vary significantly depending on the nature of the accident and the injuries involved. Below are some examples of how these damages arise in different cases:

Car Accidents

Victims of motor vehicle accidents may suffer whiplash, fractures, head trauma, or PTSD, all of which can support a pain and suffering claim. In Illinois, drivers must carry liability insurance that covers bodily injury and non-economic damages.

Slip and Fall Accidents

Falls often result in long-term injuries like broken hips, spinal damage, or concussions. Pain and suffering claims in these cases focus on the severity of physical pain and any resulting anxiety about walking or being in public places.

Dog Bites

Dog attack victims may suffer scarring, fear of animals, and emotional distress. In Illinois, dog owners are strictly liable for injuries under the Animal Control Act (510 ILCS 5/16).

Nursing Home Abuse

Victims of elder neglect or abuse may suffer not only physical harm but also emotional trauma. These claims may include pain and suffering as part of the damages awarded.

Is There a Cap on Pain and Suffering in Illinois?

Currently, Illinois does not place a cap on pain and suffering damages in most personal injury cases. The Illinois Supreme Court has struck down attempts to impose caps on non-economic damages as unconstitutional. However, certain federal claims or claims against local government entities may have limitations, so it’s important to consult an experienced personal injury attorney.

What to Expect During a Pain and Suffering Claim

If you’re pursuing pain and suffering damages, here’s what the process typically involves:

Investigation: Your attorney will gather medical records, photos, witness statements, and other documentation.
Demand Letter: A detailed letter is sent to the insurance company outlining your damages.
Negotiation: Your lawyer negotiates with the insurer for a fair settlement.
Filing a Lawsuit (if necessary): If negotiations fail, your attorney may file a personal injury lawsuit.
Trial and Verdict: If the case goes to trial, a judge or jury will determine whether you’re entitled to damages, and how much.

How an Experienced Illinois Personal Injury Attorney Can Help

Pain and suffering claims are often the most contested part of a personal injury case. Insurance companies may argue that your injuries aren’t serious, or that you’re exaggerating your emotional distress. A skilled attorney can make all the difference by:

Gathering strong evidence of pain and suffering
Retaining expert witnesses
Telling your story effectively to a jury
Calculating a fair and reasonable settlement amount
Negotiating aggressively on your behalf

“Pain isn’t always visible, and emotional scars don’t show up on an X-ray. That’s why it’s so important to have an advocate who knows how to make your suffering real in the eyes of the law,” says attorney John J. Malm, Naperville personal injury lawyer

Tips to Strengthen Your Pain and Suffering Claim

Here are some things you can do to support your claim:

Keep a pain journal describing your daily experience
Attend all medical appointments and follow treatment plans
Avoid posting on social media about your recovery or activities
Be honest and consistent in describing your symptoms
Work closely with your attorney to gather supporting documents

Contact the Top-Rated Illinois Pain and Suffering Injury Lawyers at John J. Malm & Associates

If you’re dealing with pain, emotional distress, or life-altering trauma after an accident, you deserve to be fully compensated. Don’t let insurance companies minimize your suffering or offer a lowball settlement. At John J. Malm & Associates, we take pain and suffering seriously, and we know how to present it powerfully in court or at the negotiating table.

Our team has successfully recovered millions for injured clients across Illinois, and we’re ready to help you too. Contact us today for a free, no-obligation consultation. Let us fight for the justice and compensation you deserve.