If you are injured in a truck accident due to someone else’s negligence, you deserve to be compensated for your losses and a personal injury lawyer can help. If you are pursuing a claim, you may be able to recover damages for your pain and suffering.
Pain and Suffering Definition
Illinois courts define pain and suffering as “physical and emotional distress caused by a physical injury”. Damages for pain and suffering can be difficult to measure because each person experiences pain differently.
When determining a value for pain and suffering, a lawyer or jury will often use these factors:
Physical and mental pain
- Disfigurement caused by injuries
- Nature of the injuries
- Aggravation to preexisting conditions
- Inability to perform everyday activities
- The dollar amount for pain and suffering is usually a multiple of the economic damages sustained. If, for example, someone suffers $50,000 in lost wages, the jury or lawyer may request 1-5 times that amount for pain and suffering
Statute of Limitations and Limits
Illinois has specific limits and limitations on pain and suffering claims.
The statute of limitations on filing a claim for personal injury is two years (Sec. 5/13-202), with a one-year limit when filing against state or local governments (Sec’s. 505/22-1 & 10/8-101).
Illinois has no damages cap on awards, as it was deemed unconstitutional by the Illinois Supreme Court. However, there is a damages cap of $100,000 on most claims against the state (Sec. 505/8).
Illinois follows a tort system, which means that comparative negligence comes into play. According to the Cornell Law School, comparative negligence is “a tort rule for allocating damages when both parties are at least somewhat at fault”. A jury will determine what percentage the plaintiff and defendant were at fault and then each party is responsible for paying that percentage in damages (Sec. 5/2-1116).
What Constitutes Pain and Suffering?
Pain and suffering is divided into two parts, physical and mental.
Physical pain and suffering includes the pain and discomfort that has been sustained due to the injury, as well as the pain and discomfort that they can expect to suffer in the future.
Mental pain and suffering is any psychological issue or negative emotions that an injured party suffered due to their injury, both presently and in the future.
Mental pain and suffering can include:
- Insomnia
- Anxiety
- Mental anguish
- Depression
- PTSD
- Humiliation
If you or a loved one has been injured in a truck accident, you may be entitled to compensation for your pain and suffering. Let an experienced lawyer review your case.
We at 844 See Mike are proud to serve our fellow citizens in personal injury cases, especially when you or a loved one has been injured in an accident, and we are fully committed to protecting your rights and ensuring that the other party is held legally accountable when negligence occurs. We will fight until the very end to ensure that you are fully compensated for all injuries and losses resulting from the accident, including medical expenses, property damage, lost wages, and pain and suffering, and you won’t owe us a dime for our services.
We see you as a person, not just a client – and that makes us better at work we do. We listen. We learn your story. And, as we help you get the money you deserve, we go above and beyond in a way most law firms never could and never would. Because we’re not just lawyers. And you’re not just a client. We’re friends, neighbors, family. We’re all people and here at 844 See Mike, we put People, First.
Helping our clients is about counseling, advocating, and ultimately solving problems. With years of experience successfully representing the people, not the powerful, we will take care of the insurance adjusters, your medical bills, your property damage, your lost wages, and monitor your treatment so you can focus on healing and getting your life back to normal. Our unique formula has earned us over 900 outstanding client reviews on our website, an A+ BBB rating, and over 120 five-star reviews on Google. Call 888-572-0176, e-mail us at michael@agrusslawfirm.com, or schedule meeting with us here. We’re here 24/7.
