Illinois doesn’t place a cap on pain and suffering damages in typical personal injury cases. So, when jurors in Cook County injury lawsuits hear the term pain and suffering, what factors impact their award amount deliberations? Your personal injury attorney spends a lot of time preparing evidence for trial because she knows these factors are what influence jurors when it comes time to pick a number.
Here are five things that matter most:
1. There is No Cap on Pain and Suffering Awards
While there’s an itemized bill for medical care or a canceled check showing lost wages, pain and suffering isn’t nearly as straightforward when jurors seek to assign a dollar amount. They must rely on their own sense of justice and fairness to equate the human element of an injury to monetary compensation and there is no “guideline” cap on damages in Cook County for these noneconomic damages.
2. Severity and Permanency Factor into Awards
Severity and permanency factor heavily into jury awards. A broken bone that heals in a couple of months will land very differently with jurors than a spine injury that results in permanent limitations, long-term pain, or an inability to return to work. Concrete evidence will sway jurors more than vague statements about the level of pain you’ve been in.
For that reason, plaintiffs’ attorneys often use day-in-the-life videos or testimony to showcase specific aspects of life that have become harder or impossible to do after the injury. Whether it’s climbing stairs or playing with your child or sleeping through the night pain-free, day-in-the-life information humanizes the injured person and paints a clearer picture of their damages.
3. Consistent Treatment History Helps
Jurors also tend to award more money when your injuries are backed by a consistent treatment history. Documentation showing that you went to physical therapy regularly, saw your doctor or pain management specialist consistently, and underwent any surgery needed helps paint a picture of an injured plaintiff doing the right thing to heal from their injuries. It will hurt your case if there are large gaps in treatment or different doctors’ visits where you mention different levels of pain. Yes, people’s memories get worse over time and jurors know that. If you were in pain and didn’t go to the doctor, the jury will question your credibility.
4. Life Expectancy Impacts Juror Awards
How old you are impacts pain and suffering awards as well. Let’s say person A and person B both suffered similar permanent injuries. Person A is 19 years old and person B is 55 years old. Both plaintiffs have suffered serious injuries that impact their ability to function like they used to. But person A still has 50-plus years of life remaining while person B does not. The amount of pain and suffering person A is expected to endure over their lifetime is greater than person B and jurors will take that into consideration.
5. Your Credibility Can Make or Break Juror’s Awards
Your credibility can make or break a juror’s decision to award damages for pain and suffering. Jurors in Cook County want to believe you. They want to know that what you are telling them is the truth. That is why your My 25 Percent Lawyer Atlanta will prep you for days or weeks if your case goes to trial. She wants to make sure that you are comfortable telling your story in a specific and honest manner, not an exaggerated version that seems like something you’d see on TV.
Beyond evidence that shows how your injuries affect you physically, jurors will consider evidence that demonstrates the injury’s impact on your emotional and mental wellbeing. Did you develop anxiety? Depression? PTSD? Loss of enjoyment of life? All of these factors can factor into pain and suffering damages if your personal injury attorney can provide evidence from therapy records or mental health experts.
