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Pain and Suffering Claims


When we are taking on a case as the attorney for the plaintiff our main goal is to acquire the monetary compensation that is deserved for the acquired injury. We want to ensure that the damages our clients suffer are the main focus, whether we are in front of a panel of jurors or talking to a mediator.

The intimate details of the client’s loss must be known in order to obtain money for the pain and suffering. This can be a difficult aspect for many people to discuss, as they were raised to not talk about money. Yet without knowing what this has cost you, a case cannot get the attention and care that is deserves. Plus, not talking about what this has cost you can hurt you when presenting your case.

Discussing Client Damages

There are several ways in which we diagnose what damages need to be considered in every case. The easy aspects are the lost wages or medical bills that have compiled, as these can easily be seen with tax documents, pay stubs, and medical bills. We also calculate for future medical bills and wage loss that will occur due to the injury with the help of experts in these fields. It is these types of concepts that jurors and other easily understand.

The harder aspect of estimating damages is the pain and suffering you have went through, damages that are not as easily seen by people. These are damages that you may be suffering silently, which can be estimated according to the extent of the injury.

Understanding the Client

Once we meet the client, we immediately start analyzing how we will go about getting the jury to compensate the client for what we feel is just. The idea that a jury will award someone damages based on how well they seem to life the plaintiff is true, thus it cannot be avoided. This is why we strive to learn about each plaintiff as a person. This type of assessment needs to be conducted right away. If we wait until the trial is already here, chances are this is not going to go well for the case.

We Make Time for You

Our job is not something that ends at the end of the day, nor does it take weekends off. However, we still make the time to sit with you, face to face, in order to ensure that we know your story and that we know you.

As a lawyer, we have to understand your story, as we cannot expect a jury to immediately identify with you, if we can’t. We are lawyers for the plaintiff thus this requires knowing the plaintiff. Those who prefer to know a case by only the number and evidence they see, would be better as defense attorneys. With this being said, we know that it takes a while for clients to be forthcoming with all the information that could help their case.

For example:

– Most people are not going to talk about their intimate life during the first meeting, thus we do not immediately know how much their injury has affected their marriage or personal life. – We do not expect our clients to immediately tell us how this has affected their public image. For example, a burn victim may notice that they are stared at while in public due to the scars they have. – Nor do we expect immediately to learn of the hassles that they feel when having to search for appropriate parking due to being in a wheelchair.

Deposition Testimony: Not Reliable

Though we often want deposition testimony, we have come to realize that this is not always helpful during a case. We cannot base our case on what is learned in a deposition. This is the way for others to see the client for the first time, but this is not how we discover the majority of information. This information si found through simple conversations. We cannot discuss a client’s pain without truly understanding it, if we do, the defense has all that is needed to win.

Intangible Loss Illustration

The law is set up to allow for compensation when a client losses the enjoyment of life, mental issues that may arise, humiliation and the like. But, we cannot rely on the jury to understand any of this. We illustrate how this pain and loss has affected your life. It may not be pretty, but we want the jury to see the truth. If we shy away from this, then we cannot expect a jury to fully understand what a client has gone through.

Dealing with Limine

In many cases, the defense will file a motion in Limine that is going to excuse some pertinent information from the case. For example, if someone were to be hit by a drunk driver, suffering major injuries and mental conditions, then the defense lawyer could have it removed from the case that the driver was drunk. When this happens, all the pain and suffering that was caused by the drunk driver is not something that can be taken into consideration. For example, if the client suffers from anxiety when getting behind the wheel, can no longer see alcohol without being reminded of the accident or anything of this manner, the mental issues that are associated with this type of accident cannot be discussed. This is why, we want anything that a client suffers with to be documented by medical professionals, as this information an always be used in a case.

Presenting the Evidence

When evidence is being presented to show the pain and suffering that a client has suffered, we always want people who can be witnesses to the client before and after the accident. Any client that is up talking about issues will eventually sound like they are whining, despite how much pain they may be in or how likable they are.

Calculating the Cost of Pain and Suffering

It is hard to put a dollar amount on any pain or suffering that a person has after an accident. One method that we utilize is looking at how time has changed for the person. For example, a person may discuss that they are now taking twice as long to do something that used to not take as much time. This is due to their injury and can be a great starting point for figuring out what the loss is monetary calculated at. Due to the accident that was the fault of the defendant, the plaintiff is losing a lot of their life, and this should be compensated for.

Through using this way to calculate loss, a dollar amount can be put onto the activities that the plaintiff does. For example, for someone who suffers from back pain and weight lifting restrictions, they may have to take 2 hours to do a task that would normally take an hour. A compensation rate can be estimated for this extra hour over the time frame of a year.

Client Expectations

When a client walks through the door, they want to know what they can get for the pain that they are in, usually they are speaking of just their physical pain. After discussion and time put into the case, the client then wonders about their claims for pain and suffering. In the state of Illinois, anyone can sue for pain and suffering, yet it is up to the jury to decide how much can be compensated. Our job is to ensure that we get across just how much a client has suffered due to this accident.

We view cases that involve pain and suffering as a form of art, in that we have to present this just right to get this to work for the plaintiff. Through careful examination of a person and their case, we can help in obtaining the dollar amount that is just for their damages.

If you have been injured in an accident, contact Mike Agruss Law, at 312-224-4695 for a free consultation. We are a Chicago personal injury law firm representing individuals and families who have suffered an injury or loss due to an accident. Mike Agruss Law, will handle your personal injury case quickly, will advise you every step of the way, and will not hesitate to go to trial for you.

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

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