When people think about legal claims, they often picture medical bills or lost wages, but there’s another important piece called pain and suffering. This part of a lawsuit covers the physical discomfort and emotional distress that an injury can cause, and it can be just as life-changing as the financial impact. It’s not always easy to measure, but it plays a big role in how much compensation someone might receive. Personal injury attorneys in Chicago Illinois often help clients understand how these claims work and what kind of evidence makes them stronger. Let’s break it down in simple terms so you know what to expect.
What Pain and Suffering Really Means
Pain and suffering refers to the physical pain and emotional stress you go through after getting hurt. It includes things like ongoing discomfort, anxiety, trouble sleeping, or even depression caused by the injury. Unlike a medical bill, it’s not something you can just total up with a calculator.
How It Differs From Medical Bills and Lost Wages
Pain and suffering is often the most personal part of a legal claim, and also the hardest to define. Unlike bills or pay stubs, this part doesn’t come with a clear number attached. Here’s how it stands apart:
It’s Not Tied to Receipts or Paperwork
Medical bills and lost wages are considered economic damages because they’re easy to prove: you just show your bills or payroll records. Pain and suffering, on the other hand, is based on how your life has been impacted, which isn’t something you can simply print out or total up.
It Covers Emotional and Physical Tolls
This type of claim includes things like chronic pain, anxiety, depression, or even loss of enjoyment in everyday life. These effects can be just as real and damaging, even if they’re not visible or neatly documented.
It’s More Subjective and Varies Case by Case
Two people with similar injuries might experience pain and suffering very differently. That’s why these claims rely more on personal testimony, medical notes, and even how consistently you follow treatment.
How Lawyers and Insurance Companies Estimate These Claims
Since pain and suffering doesn’t come with a price tag, lawyers and insurance adjusters use a few common methods to come up with a number. It’s not an exact science, but here’s how they usually approach it:
They May Use a Multiplier Method
This means they take your total economic damages (like medical bills and lost wages) and multiply them by a number, usually between 1.5 and 5. The more serious or long-lasting the injury, the higher the multiplier.
Sometimes They Use a Per Diem Approach
In this case, a daily dollar amount is assigned to the pain and suffering you experience. That daily rate is then multiplied by the number of days you’ve been affected, which can add up quickly depending on the situation.
They Look at How the Injury has Changed Your Life
If your injury affects your ability to work, enjoy hobbies, care for your family, or even sleep at night, that can significantly increase the value of your claim. The more your daily life has been disrupted, the more weight your pain and suffering may carry.
They Consider the Consistency of Your Story and Medical Records
If your medical records support what you’re saying (and if you’ve been following treatment plans), your claim tends to hold more credibility. Gaps in treatment or vague complaints can make insurance companies more skeptical.
What Makes a Claim Stronger
What really strengthens a pain and suffering claim is solid, consistent documentation. Things like detailed medical records, therapist notes, and even a personal journal describing your daily struggles can go a long way. The more clearly you can show how the injury has impacted your life, the harder it is for an insurance company to downplay your experience.
Why These Claims Can Be Challenging
Pain and suffering claims can be tricky because they rely on personal experiences that aren’t always easy to prove. Everyone feels and deals with pain differently, so what’s obvious to one person might not be to another. That’s why having the right support and evidence is so important to make your case clear and believable.
Do You Need Legal Help to File One of These Claims
Filing a pain and suffering claim can feel overwhelming, especially when you’re still dealing with the injury itself. A good lawyer can help by gathering the right evidence and negotiating with insurance companies to get you a fair settlement. While you might manage on your own, having professional support often makes a big difference in the outcome.
Final Thoughts
Understanding pain and suffering claims can be confusing, but knowing the basics helps you stand up for yourself. If you’re unsure about your rights or how to prove your experience, personal injury attorneys in Chicago Illinois are here to guide you every step of the way. Don’t hesitate to reach out and get the support you deserve.
