Pain and Suffering Damages in Illinois Medical Malpractice Claims
While medical malpractice events in Illinois can often cause substantial damages in the way of increased medical expenses and lost income, they often have catastrophic consequences beyond their physical effects. Many people injured through medical errors experience significant pain and mental trauma, which can have severe effects on their quality of life. Unfortunately, many victims of medical malpractice don’t realize they can recover compensation for pain and suffering.
The Chicago medical malpractice attorneys at Salvi, Schostok & Pritchard P.C. have seen firsthand how a doctor’s negligence can cause extensive emotional distress. Our personal injury and medical malpractice attorneys have recovered millions in pain and suffering damages, including some of the largest insurance settlements and jury awards in Illinois legal history. We’ll take care of all the legal work in your medical malpractice claim so you can focus on healing. Call us today or complete our contact form for a free consultation.
What Are Pain and Suffering Damages?
Pain and suffering damages in medical malpractice lawsuits refer to the compensation you receive for the noneconomic effects your injuries or illness cause. Though it can be challenging to put a dollar amount on your emotional and psychological distress, that does not mean you should discount the indirect effects of medical negligence. Your pain and suffering damages are a crucial component of making you whole after a medical error and can significantly increase your claim’s value.
What Do Pain and Suffering Include?
Some components of pain and suffering in medical malpractice cases include:
Physical Pain and Suffering
Physical suffering refers to a patient’s pain and long-term discomfort resulting from a medical malpractice injury. This includes the patient’s ongoing physical pain, stiffness, and mobility challenges that often result from a mistake by a healthcare provider. Chronic pain can significantly impede victims’ lives. The intensity and duration of the pain, as well as how it affects the victim’s daily life, are critical factors in determining compensation for these effects.
Mental and Emotional Pain and Suffering
Beyond the physical suffering, victims may experience mental anguish and emotional trauma. A mental and emotional pain and suffering award can compensate the victim for the psychological effects of a medical malpractice injury. Victims may experience anxiety, depression, post-traumatic stress disorder, or mental trauma related to their injury or illness. These emotional impacts can be just as debilitating as physical pain, making it hard for victims to enjoy life or perform everyday activities.
Other Aspects of Pain and Suffering
Other aspects of pain and suffering comprise the loss of enjoyment in life, the inability to participate in hobbies due to a physical impairment, temporary or permanent disabilities, and even strain on personal relationships. It also includes embarrassment or distress from disfigurement, scarring, or a permanent disability. These elements highlight how deeply medical malpractice can affect every part of a person’s life.
How to Prove Pain and Suffering in a Medical Malpractice Case
Proving pain and suffering in a medical malpractice case can be challenging because there may not be physical symptoms you can point to. Some types of evidence you can use to help demonstrate your pain and suffering include:
- Medical records: These documents provide a clear history of your injuries and medical treatment, showing the extent of your physical suffering. They help illustrate the severity of your condition and how it impacts your life.
- Testimony from medical experts: Expert witnesses can explain how your injuries likely caused significant pain and suffering based on the expert’s medical knowledge and experience.
- Personal journals: Keeping a journal of your emotional stress and daily struggles helps demonstrate how your pain and injury affect your ability to work, enjoy life, and perform basic tasks. This personal narrative can be compelling proof when combined with other evidence.
- Witness testimony: Friends, family, and coworkers can speak to the changes in your emotional state, personality, and overall quality of life since the medical procedure that injured you. Their insights can highlight how your injury has impacted you on a personal level.
If you are a victim suffering mental harm or physical pain due to negligence by a medical professional, our lawyers can help you seek compensation for the full extent of your economic and non-economic damages. Contact us today so we can start building your case.
Calculating Pain and Suffering Damages in Illinois
In Illinois, two common methods are used to calculate pain and suffering damages: the multiplier method and the per diem method.
The multiplier method involves taking a number—usually between 1.5 and 5—and multiplying it by the total amount of your economic damages, such as your medical bills and lost wages. The multiplier is based on the severity of your injuries, the impact on your life, and the length of your recovery. The more severe your pain and suffering, the higher the multiplier.
The per diem method for calculating pain and suffering damages involves assigning a daily value to your pain and suffering and then multiplying that value by the number of days you’ve experienced discomfort. This method tries to compensate you for each day of pain you’ve endured since the incident occurred until your condition stabilized.
Are There Limits on Pain and Suffering Damages in Illinois?
Illinois used to limit the amount of pain and suffering compensation you could recover in medical malpractice cases. However, the Illinois Supreme Court ruled that those caps were unconstitutional. As a result, there are no longer limits on the compensation you can recover for pain and suffering in medical malpractice claims. This means that the amount you could receive is directly tied to the strength of your case.
At Salvi, Schostok & Pritchard P.C., we can help you make a compelling argument for pain and suffering compensation. We start by gathering comprehensive evidence, including your medical records and documentation of treatments, to show the extent of your physical injuries. Our team also consults with medical experts who can testify to the severity of your pain and how it impacts your daily life.
We go further by helping you document the emotional toll of your injuries. No matter the specific effects you’ve experienced, we’ll help you provide personal testimony and secure witness statements from loved ones who can speak to how your injuries have affected your mental well-being.
Contact an Experienced Medical Malpractice Attorney for Help with Your Case
With our deep knowledge of Illinois law and proven track record of success, the attorneys at Salvi, Schostok & Pritchard P.C. can help you pursue the maximum compensation available for your pain and suffering. Call us today or reach out online for a free case review.
