Suing for pain and suffering damages in Illinois is the monetary compensation car accident plaintiffs will receive in an auto accident injury lawsuit due to the mental anguish and physical pain a crash victim is suffering due to an injury.
An Illinois car accident pain and suffering lawsuit claim settlement is a form of compensatory damages that are in the state legal classification of “non-economic damages” which means damages that are intangible, including but not limited to damages for pain and suffering, disability, disfigurement, loss of consortium, loss of society, and loss of enjoyment of life.
An online free injury review will be able to immediately inform you of your IL legal rights for how much you can sue for pain and suffering after a local auto accident, and how to determine if you are eligible to increase the amount of a lawsuit claim because of pain and suffering.
The highly experienced local car accident lawyers at Illinois Injury Law Rights have the knowledge and skills necessary to quickly help ensure you can sue for pain and suffering, and develop a strategy to maximize your lawsuit settlement compensation. Contact us today 24 hours hours daily for a free, no-risk free Illinois accident claim lawyer consultation to calculate exactly how much to expect for pain & suffering in your pending car crash claim lawsuit.
What is Pain and Suffering?
When people think of pain and suffering, they generally think of actual physical pain. This goes far beyond the obvious in terms of suing for pain and suffering in the legal world. Cornell Law School defines pain and suffering as referring “to the physical discomfort and emotional distress that are compensable as noneconomic damages. It refers to the pain, discomfort, anguish, inconvenience, and emotional trauma accompanying an injury.
In Illinois, the term ‘pain and suffering’ includes all items of nonpecuniary damages and includes the loss of enjoyment of life under current state Injury Law Rights for a car accident claim or lawsuit. Damages for the loss of enjoyment of life compensate for the frustration and anguish caused by the inability to participate in activities that once brought pleasure.” For the most part, that definition holds in all states in the country.
Being in a car accident is scary business. If you have suffered an injury, anxiety and fear are considerably heightened. You start to worry about long-term injuries, loss of income, high repair costs, etc. In order to ensure you get every penny that is coming to you if the accident was not your fault, your best course of action is to secure the services of a car accident injury attorney. In addition to making sure your vehicle is repaired or replaced, the attorney will also look to recover medical costs, lost wages, and pain and suffering.
Suing for Pain and Suffering for an Illinois Car Accident Injury
Suppose you have been involved in an accident in Illinois that has resulted in pain and suffering. In that case, the best way to ensure you receive a financial settlement is to secure the services of an attorney that specializes in car accident injury law. This is one area of law where you want to secure an experienced attorney, as these cases can get rather tricky at times.
Calculating Pain and Suffering
This is not some random number that an attorney just pulls out of the sky and puts on the suit. Generally speaking, attorneys have a formula that is used that is dependent upon several factors. Once all factors are properly weighed, your attorney calculates the lawsuit’s value.
The factors your attorney will use are:
- Impact on daily living
- Impact on job or career
- Loss of ability to participate in hobbies or other activities
- Nature and extent of injuries
- Pain and discomfort
- Was any disfigurement suffered
- Was any injury permanent
- Will any injury require ongoing medical care
Obviously, the more severe the injury, the more value the case will have.
Once a monetary value has been attached to the suit, the next step is to use the multiplier to calculate the final costs. Local auto accident attorneys will usually rate the injury on a scale of one to five, with five being a severe injury, such as paralysis. The attorney will add up all medical costs, then multiply the value by the suffering factor.
For instance, if you had $10,000 in medical bills and lost $3,000 in wages, the case’s monetary value is $13,000. If you suffered a broken leg, your attorney may multiply that value by two, giving the case a $26,000 value. If, however, you had $100,000 in medical bills and are paralyzed from the injury, your attorney would have to add your salary over the expected course of your career, then multiply that number by five.
Securing an Attorney for Pain and Suffering From a Car Accident in Illinois
As noted above, if you have a personal injury case where you will be looking to recover pain and suffering, you will be best served by securing the services of an experienced personal injury attorney. This is especially true in cases where there are significant and long-term injuries. Your entire future is at risk, so you want to ensure you have the best representation possible.
The good news is that you will not have to worry about any upfront costs to secure a personal injury attorney. In these types of suits, the attorney is paid once the settlement has been reached. The attorney will keep a portion of the settlement as his or her fee. For instance, if you have a case settlement for $50,000, the attorney will more than likely keep somewhere in the range of 40 percent of the settlement.
If there are other costs associated with the case, such as expert testimony or investigative costs, these costs should be deducted off the top before the disbursements take place. This will ensure that you recover the maximum amount. For instance, if the settlement was for $50,000 on a 60/40 split with the attorney, and there were $10,000 in expenses, the split would be $24,000 to you and $16,000 to the attorney. If, however, those costs came out of your end, you would only clear $20,000 in the settlement ($30,000 less the $10,000 in expenses from your 60 percent cut).
If you are in need of a personal injury attorney to sue for pain and suffering in Illinois, give us a call at 855-633-0888 open now 24 hours 7 days a week. It can be challenging to sue for pain and suffering for a car accident in Illinois without the best free lawyer help nearby. It is urgent to speak with an experienced local car accident attorney, so legal time limits to file a lawsuit for pain and suffering is not missed.
A trusted local car accident attorney will immediately provide free legal help to protect your Illinois Injury Law Rights and estimate how much lawsuit settlement amount to expect for a pending auto accident claim.
Taryn J. White is a legal research specialist and Injury law news reporter. Her current accomplishments include helping those facing any injuries from vehicle accidents, workplace accidents, and medical malpractice.