In a personal injury case in Illinois, the injured victim should know what is covered under bodily injury insurance. Bodily injury liability coverage is a part of an auto insurance policy designed to pay for damages caused to another person in an accident for which the insured driver is at fault. If you are injured in a car accident due to another’s negligence, you may be entitled to compensation for your medical bills, lost wages, and pain and suffering.
What is Bodily Injury Coverage?
Bodily injury coverage is a mandatory component of auto insurance in Illinois under the state’s minimum liability insurance requirements. According to Illinois law (625 ILCS 5/7-203), every driver must carry at least:
$25,000 per person for bodily injury or death.
$50,000 per accident for bodily injury or death if multiple individuals are involved.
The bodily injury liability insurance is intended to compensate injured parties for their medical expenses, lost wages, and other costs stemming from the accident. While it is primarily focused on economic damages, it can also include non-economic damages such as pain and suffering.
Does Bodily Injury Cover Pain and Suffering in Illinois?
Yes, bodily injury coverage can include compensation for pain and suffering under Illinois personal injury law. Pain and suffering compensation is classified as non-economic damages, which refer to losses that cannot be quantified with a specific dollar amount, unlike medical bills or lost wages. These damages are recoverable if the injured party can prove that the at-fault driver’s negligence caused their injuries.
How Pain and Suffering are Calculated in Illinois
Pain and suffering are inherently subjective and difficult to quantify. Illinois courts may use two primary methods to calculate these damages:
Multiplier Method: The economic damages (such as medical bills and lost wages) are multiplied by a factor, usually between 1.5 and 5, depending on the severity of the injuries and the impact on the victim’s life.
Per Diem Method: A daily monetary value is assigned to the injured party’s pain and suffering, and this amount is multiplied by the number of days the person is expected to experience the effects of their injuries.
Factors that influence the calculation include:
Severity of Injuries: More severe or permanent injuries typically result in higher compensation.
Impact on Daily Life: Injuries that affect the victim’s ability to work, perform household duties, or engage in recreational activities may increase the value of pain and suffering damages.
Duration of Suffering: The length of time the victim is expected to endure pain or emotional distress is a critical factor.
Emotional Distress: Psychological impacts, such as anxiety, depression, or PTSD, are often considered.
When to File a Personal Injury Lawsuit?
Illinois law imposes a two-year statute of limitations (735 ILCS 5/13-202) for personal injury claims, so it is prudent to act promptly.
Types of Pain and Suffering Damages Our Illinois Personal Injury Lawyer Can Recover
At the Law Office of Jack M. Shapiro, P.C., our experienced personal injury lawyer will fight to recover the following types of pain and suffering damages:
Physical Chronic Pain
Physical injuries sustained in accidents can lead to long-term or even permanent pain. This chronic physical discomfort can disrupt your daily life, prevent you from working, and require ongoing medical treatment. Financial compensation can help address this physical suffering through medical and personal care.
Mental Anguish
Injuries don’t just cause physical pain—they may result in significant mental suffering and emotional pain. Anxiety, depression, post-traumatic stress disorder (PTSD), and other psychological impacts can arise from the trauma of an accident. Compensation for mental anguish addresses this invisible but very real suffering.
Skin Scarring or Disfigurement
Severe injuries can result in permanent scars or disfigurement, which may lead to physical pain and emotional distress. The visible reminders of the accident can impact your self-esteem and confidence, requiring compensation for the psychological toll and potential future reconstructive procedures.
Loss of Consortium
Loss of consortium refers to the deprivation of the benefits of a relationship, such as companionship, affection, and intimacy. These damages are often sought by a spouse or family member of the injured party and acknowledge the profound impact an injury can have on personal relationships.
Reduced Quality of Life
If your injuries prevent you from enjoying activities you once loved or living life to its fullest, you may be entitled to compensation for your reduced quality of life. Whether it’s the inability to participate in hobbies, travel, or simple day-to-day pleasures, these losses deserve recognition.
Embarrassment
Certain injuries or disfigurements can lead to embarrassment, especially if they affect your appearance or ability to perform routine tasks. For instance, visible scars, the use of mobility aids, or other outward signs of injury can cause emotional discomfort in social situations.
Indignity
The aftermath of an accident can lead to indignities such as relying on others for personal care or feeling stripped of independence. These experiences can be emotionally distressing, and compensation can help address the humiliation and loss of dignity caused by such circumstances.
Fear or Apprehension
Accidents can leave lasting psychological scars, including fear or apprehension. For example, someone injured in a car accident may develop a fear of driving, which affects their ability to commute or perform daily activities. This emotional impact can and should be compensated as part of pain and suffering damages.
How Our Illinois Personal Injury Attorney Will Prove and Maximize Your Pain and Suffering Damages
At the Law Office of Jack M. Shapiro, P.C., we will move fast to collect all possible evidence for a successful personal injury claim to maximize your compensation for pain and suffering:
Medical Records and Documentation
Your medical records are a foundational piece of evidence in proving pain and suffering. These documents provide detailed insights into:
The severity and duration of your injuries.
Any ongoing treatment, such as physical therapy, surgeries, or pain management.
Notes from your healthcare provider detailing your physical discomfort or limitations.
Medical reports from specialists, such as orthopedists, neurologists, or psychologists, can further bolster your claim by confirming the long-term impact of your injuries.
Expert Testimony
Jack Shapiro works closely with medical and psychological experts to provide testimony about the nature and extent of your pain and suffering. For example:
A pain management specialist can testify about the chronic pain you endure.
A psychologist or psychiatrist can explain the emotional trauma, such as anxiety, depression, or PTSD, resulting from the accident.
A vocational expert may address how your injuries have affected your ability to work, contributing to emotional distress.
Testimony from Family and Friends
Those closest to you can provide valuable insight into how the accident has changed your life. Family members, friends, and colleagues can testify about:
Visible signs of your pain, such as difficulty performing tasks or changes in demeanor.
Emotional struggles, such as withdrawing from social activities or appearing depressed.
The strain the accident has placed on your personal relationships.
Pain Journals or Diaries
Keeping a detailed journal of your day-to-day experiences can be powerful evidence in a personal injury case. Jack Shapiro will encourage you to document:
The intensity of your physical pain on a scale from 1 to 10.
The frequency and duration of pain episodes.
Emotional struggles or feelings of frustration, anxiety, or sadness.
Specific activities you can no longer perform or must perform with difficulty.
Photographic Evidence
Photographs or videos documenting the visible effects of your injuries can make a significant impact. These may include:
Images of scars, bruises, or disfigurements caused by the accident.
Photos of medical treatments, such as casts, stitches, or physical therapy sessions.
Videos showing your limited mobility or difficulty performing routine tasks.
Evidence of Reduced Quality of Life
To illustrate how your injuries have diminished your quality of life, we may collect evidence showing:
Canceled vacations or recreational activities you can no longer enjoy.
Missed family events or gatherings due to your injuries.
Testimony from coaches, instructors, or group members in activities you used to participate in, such as sports or hobbies.
Employment Records and Vocational Assessments
Injuries often result in an inability to work or perform at your pre-accident level, leading to emotional distress. Evidence such as:
Employer records detailing your missed time at work.
A vocational expert’s testimony about how your injuries limit your ability to earn a living or advance your career.
At the Law Office of Jack M. Shapiro, P.C., we understand that the impact of an accident goes far beyond medical bills and lost wages. Our Illinois car accident lawyer, Jack Shapiro, will relentlessly pursue maximum compensation for your pain and suffering and economic damages. To schedule your free consultation, call us or contact us online.