There are two broad categories of damages available: Economic and Non-Economic. Damages for pain and suffering fall into the non-economic category and are often the most controversial part of any auto accident recovery, partly because they are not easily defined or quantified, and partly because they can make up a very substantial part of any plaintiff’s overall damage claim. Following is a break-down of the types of harm covered under economic and non-economic damages:

In auto accident cases, economic damages may include:

Medical expenses – past and future
Loss of income or earnings
Other property loss

Non-economic damages may include:

Pain and suffering
Disability
Disfigurement
Loss of consortium (loss of spousal companionship and services)
Loss of society

Illinois operates under a “tort liability system” that governs how pain and suffering claims are to be litigated. In short, the tort liability system allows the jury to decide, exclusively, the amount of damages to which the plaintiff is entitled. There are no restrictions on who can or cannot sue for personal injury damages. The jury looks at the amount of money the plaintiff is requesting for each item of harm and decides if that amount is reasonable. To see how juries go about this task, see How Do Insurance Companies and Juries Assign Values to Pain and Suffering?

Resources:

Document Your Pain and Suffering Claim (Checklist) : A checklist that helps you document your economic and non-economic damages. An essential tool to help you prove and record your pain and suffering claim.

Illinois Department of Financial & Professional Regulation – Division of Insurance: The Illinois DFPR Insurance Division website offers helpful information about auto insurance, consumer information, and a link for filing complaints.

Illinois Insurance Association: A trade organization offering education, support, networking and training to members. The website provides legislative news, links and contacts.

Free Advice Auto Insurance Center:. Articles, FAQs, free quotes and research links