Can I receive pain and suffering damages in a car accident?
Those injured in a car accident soon discover that the effects of the accident go far beyond physical injury. Ongoing pain, emotional trauma and the challenges of simply trying to go on with life after an accident can pile up on a victim and negatively affect his or her way of life. If the injuries were particularly catastrophic, the victim will likely deal with pain and continuing medical care indefinitely.
All of these things add to a car accident victim's pain and suffering. Because a driver or even a car manufacturer caused this trauma, victims often feel a strong need to do something about their situation. Legal remedies provide them with the means to hold all parties responsible for their injuries to account. An example of such a remedy is to file a personal injury claim against the at-fault motorist.
While some states do not allow non-economic damages, Illinois takes a more victim-friendly approach. If victims of car accidents can prove that their ongoing trauma is valid, the court will often award pain and suffering damages. As you might expect, proving pain and suffering can be complex because victims may not have documents that support their claims. However, giving up is not always a wise choice.
In many cases, personal injury attorneys can assist victims in gathering evidence of their continuing trauma, but speed is essential in winning this type of compensation. Illinois imposes a two-year statute of limitations when seeking pain and suffering compensation. This means the earlier you get started, the greater your chance of achieving success. The good news is that the state does not impose limitations on the amount of pain and suffering damages victims may seek in a personal injury claim involving another motorist.
Source: FindLaw, "Pain and Suffering Damages in Illinois," accessed May 10, 2018