Do I Get Paid for My Suffering After a Serious Car Accident in Illinois?

 Posted on December 21, 2025 in Car Accidents

A serious car accident can affect far more than your physical health. Dealing with long-term pain, emotional stress, and limits on daily activities is an unfortunate possibility. Illinois law often allows you to seek compensation for these losses. This may include payment for pain and suffering. An Orland Park, IL car accident lawyer can help you understand how these damages work and whether they may apply to your case.

What Does "Pain and Suffering" Mean After a Car Accident?

"Pain and suffering" is a term used to describe the physical and emotional effects of an injury. Physical pain can come from the medical treatment you had to undergo, as well as the injury itself. Emotional effects can include anxiety, frustration, trouble sleeping, or loss of enjoyment in everyday activities. Serious injuries often make these effects stronger and longer-lasting.

Pain and suffering is different from financial losses like medical bills or lost wages. Those costs can be added up with receipts and pay records. Pain and suffering does not have a clear price tag and can vary significantly from one person to the next.

How Illinois Law Handles Pain and Suffering Claims

Illinois law allows injured people to seek compensation for pain and suffering, but it does not assign a set dollar amount to these damages. There is no chart or formula that automatically decides what pain and suffering is worth. Instead, the value is based on the facts of each individual case.

The most common way pain and suffering is estimated is the multiplier method. With this approach, insurance companies start with your total medical expenses and multiply that number by a factor, often between one and five. Lower multipliers may be used for short-term or minor injuries, while higher multipliers are usually applied when injuries involve surgery, long recovery periods, or permanent limits.

Another approach is the per diem method. This assigns a daily dollar amount to your pain and suffering and multiplies it by the number of days you are expected to experience symptoms, from the date of the accident through recovery or stabilization. These methods are not required by law, but they are often used during settlement negotiations to help estimate value.

What Factors Affect How Much You May Be Paid for Your Pain and Suffering in Illinois

An insurer or your attorney will first examine how your injuries affected your life when determining how much compensation you deserve. Common factors they may consider include:

• The severity of the injury and the length of recovery

• Whether the injury causes permanent limitations or disability

• Ongoing pain that requires treatment or medication

• Changes to work, hobbies, or family life

• Emotional stress linked to the injury and recovery

These details help show the full impact of the accident. In general, more serious and lasting injuries usually lead to higher pain and suffering compensation.

How Do You Prove Pain and Suffering?

Pain and suffering must be supported by evidence. Medical records are one of the most important tools. These records document the diagnosis, the course of treatment, and how long the symptoms persisted. Doctor notes may also explain whether pain is expected to continue or limit movement in the future.

Personal accounts are also important. Your description of daily pain, limited mobility, or difficulty sleeping helps explain how the injury affects your life. Statements from family members can show how your abilities or behavior changed after the accident.

Timing matters as well. Illinois sets a deadline for filing most car accident injury lawsuits under 735 ILCS 5/13-202. In most cases, you have two years from the date of the accident to file a claim. Missing this deadline can make it much more difficult to recover damages.

Schedule a Free Consultation With an Orland Park, IL Car Accident Attorney

The Orland Park, IL car accident lawyer at Issa Law, LLC can help you understand your rights and options. Attorney Kal Issa brings extensive courtroom experience, having handled well over a hundred contested matters, including pre-trial disputes, constitutional motions, and both bench and jury trials across criminal defense and personal injury cases. Call 708-966-2408 to schedule your free consultation. We work on a contingency-fee basis, so you will not pay unless we recover compensation.