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Can I Seek Compensation for Pain and Suffering in Illinois?

Can I Seek Compensation for Pain and Suffering in Illinois?


In the unfortunate event of an injury caused by the negligence of a third party, the victim may seek compensation from the responsible party to cover any financial losses they experience as a result of the injury. It is often not just time off from work and medical bills that can affect the injured person – physical discomfort and pain might also be endured following an injury, prompting many to ask: can I seek compensation for pain and suffering? In Illinois, the answer is yes. We’ll talk more in-depth about the subject below, including how to calculate pain and suffering compensation.

What is Pain and Suffering?

As we noted above, pain and suffering refers to the physical pain and discomfort your injuries can cause. But pain and suffering can also include the emotional toll an injury can take on a person, i.e. the frustration, anger, and sadness you may feel about your circumstances. Pain and suffering damages can be sought in a personal injury lawsuit, but not in a workers’ compensation case.

Examples of Pain and Suffering

To help you determine whether you may be entitled to pain and suffering compensation, we’ll cover a few examples of both physical and mental pain and suffering, below.

Physical Pain and Suffering Examples

    • Consistent headaches following a brain injury
    • Nerve pain from damaged nerves
    • Stiffness in neck following whiplash

    Mental Pain and Suffering Examples

    • Emotional distress
    • Anxiety
    • Shock
    • Fear

    How to Calculate Pain and Suffering

    How do you calculate pain and suffering? This can get complicated. After all, how do you put a price on the physical or emotional toll a person is enduring? Juries do not have established charts or other such tools to use when determining how much is to be awarded. Often times, the more serious your injury is, the more you generally are awarded for pain and suffering.

    Contact Rubens Kress & Mulholland with Questions

    Have lingering questions surrounding what is pain and suffering, or how the value can be calculated? Need help determining whether you can seek pain and suffering damages in your personal injury case? Consult with the Chicago personal injury attorneys at Rubens, Kress & Mulholland. Contact us online or call us toll-free at (866) 890-9640 for a free consultation. Our team has the skills and experience to help you receive the settlement or verdict you deserve, so you can start moving forward again.

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