Many people call us to talk about “Pain and Suffering” after an injury. However, what they don’t always think about is what “Pain and Suffering” is, and in what circumstances you are able to file a lawsuit for pain and suffering.
There are two types of pain and suffering. The first is regarding physical injuries and the after effects of those injuries. A good example of this would be if were hit by a car and shattered your leg, resulting in a surgery with pins put in place to hold your leg together. The pain you experience from getting hit, the surgery, the recovery and the long term effects would all be a part of compensation for pain and suffering.
The other type of pain and suffering is mental pain and suffering. Mental pain, anger, humiliation, post-traumatic stress, and emotional distress are all examples of mental pain and suffering. While these two can go hand in hand in cases of catastrophic injuries, typical injuries do not also include mental pain and suffering. For example, if a person was sexually assaulted in a hotel by a worker there. If after they medically need to seek counseling, the mental anguish they are going through could also be proven as pain and suffering.
So how do you tell how much pain and suffering is worth in an Illinois personal injury lawsuit?
The honest answer is that every case is different and it’s quite often where the skill of an attorney will be the difference in getting a little or a lot out of a lawsuit. If you strain your back in a car accident, there won’t be much compensation for pain and suffering. If on the other hand you have to have a back fusion, your testimony as to how this injury impacted you in the past and is still causing you problems will play a big role in determining what the case is worth.
In wrongful death lawsuits, loved ones and/or medical experts will testify as to the agony the victim was in before they passed away. There have been cases where it was proven someone died on impact and didn’t know it was happening that have lowered the value of a case and others where it’s been shown that a victim suffered for as little as 30 seconds, but that information greatly increased the value of the case.
Bottom line is that every case is different and the skill of your attorney, on a major injury case, can dramatically change the value of the claim.
If you have been injured and have ongoing medical and or mental issues due to the injury, contact us today at 312-346-5320 for a free consultation. We are experienced attorneys who have a state wide network of the best accident law firms and will recommend the one that is right for you.