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Compensation for Pain and Suffering

Michael Agruss

Written and Reviewed by Michael Agruss

  • Managing Partner and Personal Injury Lawyer at Mike Agruss Law.
  • Over 20 years of experience in Personal Injury.
  • Over 8000+ consumer rights cases settled.
  • Graduated from the University of Illinois Chicago School of Law: Juris Doctor, 2004.


If you’ve been injured in an accident, you may be entitled to compensation for lost wages, medical expenses, pain and suffering, and emotional distress.

Pain and suffering are non-economic damages which can be awarded either as part of a settlement with an insurance company or a favorable legal verdict for an accident-victim. This category is often controversial, as both defining and quantifying pain and suffering are exceptionally difficult; furthermore, it can often make up a substantial portion of the plaintiff’s overall claim. Illinois maintains a “tort liability system” which allows a jury to exclusively decide the amount of damages to be awarded to the plaintiff; they simply analyze the amounts he/she is requesting for each applicable category (i.e. pain and suffering, loss of consortium) and decide whether the amounts are reasonable.

There is a range of techniques used to estimate reasonable monetary amounts for compensation. One is a “pain multiplier,” for which you multiply your economic damages (i.e. medical expenses, lost wages) times the appropriate “multiplier,” which is usually a number between 1.5 and 5. Another option is to estimate the worth of each day of pain and suffering based on how many days you have endured and will endure until you have recovered.

The more evidence plaintiffs have to demonstrate how their pain and suffering has impacted their lives following an accident, the greater compensation they may receive. While compensation for pain and suffering is sometimes settled via an out-of-court settlement with the insurance company of the entity responsible for your accident, it may also be included in the damages awarded to you by either a judge or jury in the event that your case goes to trial. In either situation, it is essential that you have an experienced personal injury attorney on your side to ensure that your rights are protected and you receive the best settlement or verdict possible.

If you or a loved one has been injured in an accident, contact Mike Agruss Law for a free consultation. We are a Chicago-based injury law firm representing individuals (and their families) who have suffered an injury in an accident. We will handle your case quickly and advise you every step of the way, and we will not hesitate to go to trial for you.

Lastly, Mike Agruss Law is not paid attorneys’ fees unless we win your case. Our no-fee promise is that simple. You have nothing to risk when you hire us – only the opportunity to seek justice.

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