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What Qualifies for Pain and Suffering in an Illinois Personal Injury Case?

Not all injuries are visible; they often cause pain that will never show up on an X-ray. After a catastrophic event, especially one that caused serious injuries, recovery isn’t always simple.

Losses can go beyond medical bills, lost wages, and time spent in physical therapy appointments. The emotional, psychological, and physical toll of a catastrophic event is known in the legal world as pain and suffering, which can be just as serious for your quality of life.

When you’ve been injured in an accident in Illinois, pain and suffering, also known as non-economic damages, can be difficult to prove, but Illinois does not cap the amount an injury victim can recover for pain and suffering. This amount is awarded at the court’s discretion or based on the settlement negotiations. Leave dealing with the legal complexities of calculating pain and suffering damages to Spiros Law.

What Qualifies as Pain and Suffering?


The term “pain and suffering” refers to physical discomfort, ongoing pain, mental anguish, and reduced quality of life resulting from serious injuries sustained during a catastrophic event. These are considered non-economic damages.

Non-economic damages describe the types of damages that cannot be directly quantified with dollar amounts. Economic damages include medical bills and lost wages, since these losses can typically provide a specific numerical value.

Non-economic damages can also include:

  • Physical pain
  • PTSD
  • Anxiety and depression
  • Loss of enjoyment of life
  • Emotional distress
  • Loss of companionship
  • Physical impairment

How Do You Prove Pain and Suffering in an Illinois Personal Injury Case?

Pain and suffering claims are often the most contested part of a personal injury case. Insurance companies may argue that your injuries aren’t serious, or that you’re exaggerating your emotional distress. Providing evidence is key – and so is hiring a knowledgeable attorney, like our team at Spiros Law, to handle your case.

Key evidence in a pain and suffering case includes:

  • Medical records
  • Doctor testimony
  • Photos of injuries
  • Physical therapy records
  • Psychological evaluations
  • Prescription history
  • Witness testimony
  • Before-and-after lifestyle comparison
  • Expert testimony from medical or mental health professionals

At Spiros Law, our team knows how to build a strong case that will stand up in court. We do this by:

  • Gathering strong evidence of pain and suffering
  • Retaining expert witnesses
  • Calculating a fair and reasonable settlement amount
  • Communicating your side of the incident effectively
  • Negotiating aggressively with the insurance company on your behalf

Your Pain and Suffering Matters. Let Spiros Law Stand With You.

How you feel after a life-threatening incident matters. If ongoing complications from a serious injury are disrupting your life, you deserve a team of attorneys who will fight for your pain and suffering. Hiring a skilled personal injury attorney can help you seek justice for non-economic damages and stand up to the insurance companies on your behalf.

At Spiros Law, our compassionate and experienced legal team is dedicated to helping injury victims in Danville, Kankakee, and Champaign navigate these challenges and build strong cases that hold responsible parties accountable.

We understand that injuries after a car wreck, work injury, or dog bite impact more than just the body – long-term emotional and psychological effects can be just as significant.

Our personal injury lawyers have a deep understanding of how the process works, what insurance coverage is available to you, and which questions to ask. After a serious injury, Spiros Law is here to help. Call us to schedule a free consultation today.


Disclaimer: This content is for informational purposes only and does not constitute legal advice. Viewing this page does not create an attorney-client relationship. Past results do not guarantee future outcomes. Attorney advertising. Spiros Law is licensed to practice law in Illinois.