Understanding Pain and Suffering Damages After a Car Crash

 Posted on November 23, 2025 in Car Accidents

Injuries from a car accident can change your life in ways you may not expect. The physical pain may fade over time, but emotional distress can linger. If another driver caused the crash, you have the right to seek compensation for more than just medical bills and lost wages. Illinois law allows victims to recover damages for both financial losses and personal suffering. Our experienced Chicago, IL personal injury lawyers can ensure your pain and suffering are fairly valued.

What Does "Pain and Suffering" Mean in an Illinois Car Accident Case?

Under Illinois law, "pain and suffering" refers to the physical discomfort, mental anguish, and loss of enjoyment of life that can come after a serious accident. These damages fall into a category called non-economic damages. That means they are not based on receipts or invoices, but on the personal impact the injury has on your life.

According to 735 ILCS 5/2-1115.2, you can recover both economic and non-economic damages when another person’s negligence causes your injuries. Examples of pain and suffering include chronic pain, sleeplessness, anxiety, depression, or being unable to participate in hobbies you once loved. These harms are deeply personal, and Illinois courts recognize that they deserve compensation even though they cannot be easily measured in dollars.

How Do You Prove Pain and Suffering After a Car Accident?

To recover compensation, you must show how the crash has affected your daily life. This means providing both medical and personal evidence. The goal is to help others understand what you are experiencing. Evidence that helps prove pain and suffering includes:

• Medical reports that describe your injuries and treatment progress

• Opinions from doctors or therapists about your physical and emotional state

• Photos or videos showing your recovery or limitations

• Statements from people who know you and have seen how the injury changed your mood or behavior

• A daily journal where you track your pain levels, medications, and emotional challenges

Under 735 ILCS 5/8-2501, Illinois law allows both expert and non-expert witnesses to describe how an injury affects your life. Combining professional evidence with personal experiences helps build a stronger, more believable case.

How Is Pain and Suffering Calculated in Illinois?

There is no exact formula for calculating pain and suffering damages. However, courts and insurance companies often rely on two main methods. The "multiplier method" multiplies your financial losses, such as medical bills and lost income, by a number between 1.5 and 5. The multiplier used in your case depends on how severe your injuries are. The "per diem method" assigns a daily dollar amount for each day you experience pain or emotional distress until you reach your maximum recovery.

What Factors Affect the Amount of Pain and Suffering Compensation?

The value of your pain and suffering claim depends on several things. The severity of your injuries is one of the most important factors. Serious or permanent injuries often lead to higher compensation because they cause more disruption to your life.

Emotional health matters too. If you experience anxiety, depression, or trauma after the crash, that can increase the value of your case. Judges and insurance adjusters also look at how consistent and believable your evidence is. Following medical advice, keeping detailed records, and showing that you are trying to recover all strengthen your claim.

Schedule a Free Consultation With a Chicago, IL Car Accident Attorney

If you are living with pain, fear, or lasting emotional harm after a crash, Winters Salzetta O'Brien & Richardson, LLC can help. We have been serving injury victims since 1997. Our attorneys have earned recognition for their skill, dedication, and success in personal injury and wrongful death cases throughout Illinois and across the country. Additionally, we have secured millions of dollars in compensation for clients.

Our team combines decades of courtroom experience with compassion and personal attention. Contact us today at 312-236-6324 for a free consultation with our Chicago, IL personal injury lawyers.