How Is Pain and Suffering Calculated in Illinois Personal Injury Claims?

People in Illinois are no strangers to accidents. From slip and fall accidents, car wrecks, and pedestrian accidents, sudden unexpected injuries are extremely common.

If you’ve been hurt in an accident in Illinois, chances are good that you’ve got a lot on your plate. You’re dealing with rehab or going through medical care. You’re trying to pay your medical bills, as well as meet your other financial responsibilities, while balancing what’s likely a smaller paycheck because of an inability to work with your injury.

However, you’re probably dealing with more than just medical bills and financial fallout.

You could be in constant pain or unable to sleep, work, or enjoy your life like you used to. That’s the other side of personal injuries: pain and suffering that goes beyond the financial.

There’s good news. You could be entitled not just to compensation for the financial aspects of the injury, but for the pain and suffering you’re going through, too.

How is pain and suffering calculated in Illinois personal injury claims? The answer isn’t as simple as plugging numbers into a formula. Unlike your medical bills or lost wages, pain and suffering are often invisible and much harder to measure.

Let’s walk through how Illinois handles pain and suffering damages, how insurance companies try to calculate them, and what you need to know to make sure you’re treated fairly.

What is “pain and suffering” in a legal claim?

In legal terms, pain and suffering is a type of non-economic damage. That means it doesn’t have a clear dollar amount like a hospital bill or a paycheck, but it still affects your life in very real ways.

Pain and suffering include:

• Physical pain from injuries, surgeries, or long-term conditions
• Chronic discomfort that interferes with sleep, work, or daily life
• Emotional distress, such as anxiety, depression, or PTSD
• Loss of normal life (sometimes referred to as loss of enjoyment of life, meaning not being able to do things you once loved)
• Embarrassment or trauma from disfigurement or disability
• Changed relationships with loved ones due to your injuries

In other words, it’s everything that makes your life harder (not just physically, but emotionally and mentally) because of the accident.

Is there a formula for pain and suffering in Illinois?

There’s no set formula under Illinois law for calculating pain and suffering. Informally, insurance companies and attorneys may approach it in a few different ways during their negotiations. Here are the two most common methods used:

1. The multiplier method

This is the method people tend to hear about the most. It works like this:

• Your attorney adds up your economic damages (like medical bills and lost wages).
• That total is then multiplied by a number (usually between 1.5 and 5) to estimate your pain and suffering.

For example, if you had $20,000 in economic losses, and the multiplier is 3, your pain and suffering would be estimated at $60,000.

But that multiplier depends on different factors, like:

• The severity of your injury
• The length of your recovery
• Whether your pain is ongoing or permanent
• The impact on your daily life or career

Minor injuries might only get a 1.5x multiplier or no multiplier at all while more severe cases could go much higher. With minor injuries, pain and suffering is often decided on a case by case basis with a set amount, such as a trier of fact may award $500.00 or $1,000.00 above the economic damages.

2. The per diem method

In this approach, a daily dollar amount is assigned to the pain and suffering you experience, say, $150 a day. This method is discouraged, and courts generally do not allow a plaintiff’s attorney to argue this method.

Plaintiff’s attorneys, however, do like to use this method, especially if the evidence supports a long period of time of pain and suffering. The per diem number is multiplied by the number of days you’ve been in recovery or dealing with symptoms.

So, if you’ve been recovering for 200 days, your pain and suffering award might be $30,000 (200 days x $150/day).

This method can work well in cases with a clear recovery period, but it’s harder to apply if you’re dealing with lifelong pain or disability.

What factors affect your pain and suffering compensation?

Because pain and suffering are subjective, different elements can influence how much you receive:

1. Severity of the injury

A broken bone is painful, but a traumatic brain injury or spinal damage changes everything. The more serious and long-lasting your injury, the more compensation you may be entitled to.

2. Length of recovery

If you’re out of commission for weeks or months (or need multiple surgeries), the emotional toll is greater, and so is the potential for pain and suffering damages.

3. Impact on daily life

Were you an avid runner before the accident, and now you can’t walk without assistance? Did the injury affect your ability to parent, travel, or enjoy hobbies? A measurable impact on your ability to do day-to-day things matters.

4. Scarring or disfigurement

Visible scars or permanent disfigurement, especially on the face or hands, can sometimes mean higher compensation because of the emotional and psychological impact.

5. Mental and emotional health

Depression, anxiety, insomnia, panic attacks, and PTSD are all real consequences of traumatic accidents, and they’re compensable under Illinois law.

6. Credibility and documentation

Your own testimony matters, but so do medical records, therapist notes, journal entries, and statements from family or friends. The more proof you have, the more likely a jury (or insurance adjuster) is to take your pain seriously.

What’s the insurance company going to offer?

Here’s the honest truth: insurance companies don’t want to pay for pain and suffering. It’s one of the first places they’ll try to cut corners, because it’s hard to put a price on.

They may:

• Offer a low multiplier
• Downplay the seriousness of your injury
• Suggest that your symptoms are exaggerated
• Try to settle quickly before you understand the full impact
• Offer a very low set amount above the economic damages

That’s why it’s so important to have an experienced personal injury lawyer on your side, someone who knows what your claim is worth and isn’t afraid to fight for it.

We know how adjusters work, and we won’t let them take advantage of you.

Is there a cap on pain and suffering in Illinois?

Illinois does not place a cap on pain and suffering damages in personal injury cases (with a few rare exceptions). That means a jury (or a settlement agreement) can award as much as is deemed fair.

However, if your case involves a government entity, like a city bus or municipal vehicle, limits may apply. We’re here to walk you through those specifics if they come into play.

How do I prove my pain and suffering?

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

• Keep a journal of your pain levels, mood changes, and limitations
• Follow all medical advice (shows that you’re taking recovery seriously)
• Attend therapy if you’re experiencing anxiety, depression, or trauma
• Ask family or friends to write statements about how your life has changed
• Work with a lawyer who knows how to present this evidence persuasively

The more thorough your documentation, the stronger your pain and suffering claim becomes.

Let’s talk about what you’re really going through

At Gainsberg Injury and Accident Lawyers, we know you’re not just a claim number or a case file. You’re a person dealing with real pain. If you’re wondering how much your pain and suffering might be worth, let’s have that conversation.

Contact us today to schedule a free consultation. We’re here to listen, ask the right questions, and help you understand your options.