How is Pain and Suffering Measured in Illinois Personal Injury Cases?

 Posted on August 08, 2025 in Personal Injury

When someone is seriously injured in an accident, the costs go far beyond medical bills. Physical pain, emotional trauma, and disruptions to daily life can take a massive toll. These non-economic losses are called "pain and suffering," and they play a critical role in most personal injury claims. 

If you are struggling after an accident and wondering how compensation is calculated, a Rolling Meadows, IL personal injury lawyer can help you understand what to expect and how Illinois law applies to your case.

What Does "Pain and Suffering" Include in Illinois?

Under Illinois law, pain and suffering includes both the physical and emotional impacts of an injury. This may involve chronic pain, emotional distress or mental anguish, post-traumatic stress disorder (PTSD), depression, anxiety, loss of enjoyment of life, disfigurement, or permanent scarring.

For example, someone who suffered a traumatic brain injury in a car crash may no longer be able to work, socialize, or care for themselves the way they did before. These deeply personal losses are not easily translated into dollar amounts, but Illinois courts recognize their significance and make efforts to address them with compensation.

How Do Courts and Insurance Companies Measure Pain and Suffering?

There is no fixed formula under Illinois law for calculating pain and suffering. However, several common methods are used during negotiations or trials.

One common approach is the "multiplier method." This method multiplies economic damages (such as medical bills and lost income) by a number between 1 1/2 and five, depending on the severity of the injuries. More serious and long-lasting injuries warrant a higher multiplier.

Another method is the "per diem" approach, where a daily dollar amount is assigned to the injured person’s suffering and then multiplied by the number of days the situation is expected to last. For example, someone who is in recovery for 180 days might be awarded $200 per day for their pain and suffering.

No matter the method, insurance companies and courts will consider several factors:

• The type and severity of injuries

• Length of recovery time

• Whether the injuries are permanent or disabling

• Impact on daily activities and quality of life

• Statements from doctors, therapists, and family members

• Photographs, journals, or other personal documentation

Is There a Cap on Pain and Suffering Damages in Illinois?

Illinois does not currently have a maximum limit on pain and suffering damages in personal injury cases. The Illinois Supreme Court struck down previous caps in LeBron v. Gottlieb Memorial Hospital, ruling they violated the state constitution’s separation of powers.

That means injury victims in Illinois may be able to pursue full compensation for their suffering as long as they present a strong, well-supported case. Proving pain and suffering remains a key component of any successful claim. Because these damages are subjective and can vary widely, it is important to work with a skilled attorney who understands how to present evidence effectively.

Contact an Arlington Heights, IL Personal Injury Lawyer

If you are coping with physical pain or emotional trauma after an accident, an experienced Rolling Meadows, IL personal injury attorney at Newland & Newland, LLP can help you seek full compensation. We offer free consultations and speak both English and Spanish. Our team is dedicated to serving our community with compassion, commitment, and decades of experience. Call us today at 847-797-8000 to get started.