Pain and Suffering in Slip and Fall Cases

Pain and suffering in slip and fall cases compensate victims for the physical pain and emotional distress caused by someone else’s negligence, such as inadequate lighting in a store along State Street in Chicago. 

Working with a personal injury lawyer gives you the best chance of recovering compensation, as we can evaluate your damages and negotiate with the insurance company. Contact us today for a free consultation about your legal rights. 

What Are Pain and Suffering Damages in Slip and Fall Cases?

In a personal injury claim, you may recover compensation for both economic and non-economic damages. Economic damages include medical bills, future medical expenses, lost wages, and future lost income. 

In contrast, pain and suffering damages are for physical pain caused by the property owner’s negligence. As an example, a person diagnosed with chronic pain after injuries sustained in a fall can claim damages for this physical pain. 

What Factors Impact the Value of a Pain and Suffering Claim?

Several factors contribute to the pain and suffering damages you can receive. Working with a personal injury attorney can ensure you receive the highest possible compensation available based on the following elements.

Severity of Injuries: Those with more severe injuries, like broken bones or a traumatic brain injury, can claim more damages. Individuals with minor injuries, such as sprains and strains, will receive less compensation for pain and suffering. 

Available Evidence: Even those with serious injuries sustained in a slip and fall accident may not recover compensation if they cannot definitively prove that a property owner’s negligence resulted in their injuries. 

Comparative Negligence: Illinois employs a modified comparative negligence standard to determine the amount of compensation an individual can receive (735 ILCS 5/2-1107.1). This means that you can file a personal injury claim if you were not more than 50% responsible, but you will receive less depending on your level of negligence. 

Available Insurance: The property owner’s insurance company will decide how much they are willing to pay for your slip-and-fall accident. If the owner did not have insurance, you would receive less compensation because you would be suing them directly. 

Strength of Argument: Collaborating with the best attorney is crucial for obtaining pain and suffering damages in a slip and fall case. We can accurately determine how much you deserve and negotiate aggressively to ensure you receive a fair settlement.

Other Types of Non-Economic Damages Awarded in Slip and Fall Claims

In addition to pain and suffering damages, you may also receive other non-economic damages, such as the following.

Emotional Distress: This refers to the emotional toll imposed by severe injuries, such as fear of being disabled or anxiety about what potential medical treatments you may require. 

Mental Anguish: If you were diagnosed with Post-Traumatic Stress Disorder, depression, or anxiety, this demonstrates that you suffered serious emotional distress caused by the accident. We can use medical records to prove that this distress was caused by your accident and was not a preexisting condition. 

Loss of Enjoyment of Life: In many slip and fall cases, the victim can no longer participate in their favorite activities, pursue employment, or care for their loved ones, which should be considered in their settlement.

Loss of Consortium: This refers to the loss of love, affection, care, support, and sexual intimacy that can happen after a slip and fall accident, even if the victim survives. For wrongful death cases, this refers to losing the loved one’s care.

Inconvenience: A slip and fall case causes significant inconvenience to a person’s life, which should also be compensated. 

How Do I Prove Pain and Suffering After a Slip and Fall Accident?

You will need significant evidence to prove your pain and suffering damages in a slip and fall accident, including the following details.

Medical Records: Examples of the treatments you have received, such as surgeries and physical therapy, can prove that you suffered severe injuries that significantly impacted your life.

Doctor’s Testimony: Your doctor can attest to what kinds of limitations your injuries have caused. For example, if you had several broken bones, doctors can explain the pain you would be in and how it would limit your mobility.

Expert Testimony: Other medical professionals, physical therapists, and psychiatric professionals can discuss how your injuries would impact your ability to perform daily life tasks.

Personal Accounts: Keeping a journal of your pain and suffering can help demonstrate the impact of the slip and fall accident. You could keep track of your pain level on a daily basis and what challenges you face, such as disrupted sleep, trouble walking, or being unable to complete life tasks.

Witness Statements: Your loved ones can attest to your pain and suffering, such as if you are no longer able to care for your children or go to work. We will collect these statements through interrogatories, which are written answers to questions, or depositions, which are interviews taken with a court reporter present. 

Photo and Video Evidence: Take photographs of your injuries as they heal. You may also get video evidence of your limitations. For example, you could demonstrate that you are unable to walk down the stairs.

How Is Pain and Suffering Calculated?

There are two primary methods for calculating pain and suffering damages: the multiplier method and the per diem method.

The multiplier method multiplies your economic damages by an integer based on the severity of your injury. This is usually between 1.5 and 5. 

Let’s assume that you were in a slip-and-fall accident where you fractured your skull and were at Northwestern Memorial Hospital for three weeks. You had $150,000 in medical bills, lost wages, and other economic expenses. Because this is a serious injury, you have a damage multiplier of 2.5. This means you could claim $375,000 in pain and suffering damages. 

The per diem method assigns a monetary value for each day that you are in pain, then multiplies this by the duration of your expected suffering. For example, assume you have a relatively minor injury and are given a per diem value of $250. Your doctor attests that you should recover within 90 days. This would mean you could be awarded $22,500 in pain and suffering damages. 

How a Slip and Fall Attorney Can Help

Working with a top-rated slip and fall accident lawyer can ensure that you receive the highest possible pain and suffering damages in your case. Our team has secured over $490 million in damages across 5,000 cases, earning us recognition in the Million Dollar Advocates Forum and a Super Lawyers rating.

We will assist in all aspects of your slip and fall case, including the following tasks.

Case Evaluation: We’ll determine the liable parties and assess how the slip and fall accident occurred, which helps us determine how to file your claim. Typically, these cases fall under premises liability.

Evidence Collection: To demonstrate your pain and suffering damages, we must have strong evidence. We’ll collect your medical bills and medical records to indicate the severity of your injuries. Our top-rated personal injury lawyers have access to resources that the average person may struggle to secure, such as subpoenaing businesses for surveillance footage. 

Filing Claims: We will file a lawsuit with the appropriate court, such as the Circuit Court of Cook County, and draft a demand letter to the relevant insurance company. We will also file motions and attend hearings on your behalf. 

Depositions: To evaluate pain and suffering damages, we must be able to show the impact that the accident has had on your life. We will take depositions from witnesses, which are sworn statements provided in an interview, to understand the challenges you have faced. 

Expert Testimony: Working with expert witnesses can significantly improve your case. Using our connections, we’ll find doctors, physical therapists, social workers, and others who can attest to what kind of physical pain and suffering you’ve faced after a slip and fall accident. 

Negotiation: The insurance company aims to minimize your compensation, particularly for pain and suffering. We will use our meticulously gathered evidence to prevent them from claiming you were not seriously injured or that you had a preexisting condition.

Trial Representation: Many slip and fall cases are settled out of court. In most cases, this guarantees you some form of compensation and allows for faster payouts. However, some insurance agencies will refuse to offer a fair settlement or will dispute your claim. In this instance, we will file a lawsuit, prepare your case, and share information with the other parties. We will present your story in front of a judge and jury, who will determine a verdict. If they rule in your favor, then they will assign pain and suffering damages along with economic damages. 

How Much Can You Recover for Pain and Suffering in Slip and Fall cases?

Per the Illinois Supreme Court case Lebron v. Gottlieb Memorial Hospital, there is no cap on non-economic damages you may receive for a slip and fall case. Settlements are often in the millions of dollars. 

However, this does not mean that every slip and fall case receives millions. Your settlement will depend on the above factors, including whether you suffered serious injuries, your level of negligence in the accident, and the available insurance. By working with top-rated slip-and-fall attorneys, you can ensure you have the best possible chance of a high recovery. 

Example Cases Handled by Our Law Firm

In one wrongful death slip-and-fall case, our law firm secured $4,000,000 for a grieving family. Chandler, a hip replacement patient, fell while in the hospital awaiting surgery. He suffered a subdural hematoma and died, prompting our lawsuit. 

Our attorneys also secured $2,000,000 for Rosa, a young woman who suffered severe injuries after slipping and falling on ice at a church. We were able to prove that the church did not properly salt the premises. This was despite the Illinois Snow and Ice Removal Act, which releases property owners from most liability if someone falls due to the natural accumulation of ice (745 ILCS 75/2). 

Another woman, Cheryl, broke her arm after a slip-and-fall accident at a large grocery store. We secured $1,200,000after proving that the company failed to clean up food debris in accordance with proper store maintenance. 

How Long Do I Have to Recover Pain and Suffering in a Slip and Fall Lawsuit in Illinois?

You typically have two years to file a slip and fall lawsuit in Illinois (735 ILCS 5/13-202). However, there may be different statutes of limitations depending on your specific situation. 

Minors can have the statute of limitations tolled, or paused, until they turn 18. If the victim was incapacitated after the accident, such as being placed in a coma, then the statute of limitations starts when they have recovered mental capacity. 

If you suffered a slip and fall accident on government property, you only have one year to file under the Illinois Tort Immunity Act (745 ILCS 10/8-101). These cases are more challenging, making it crucial to work with an experienced attorney. 

Contact our personal injury lawyers as soon as possible so we can ensure that your case is filed on time and determine whether any of these special circumstances apply. 

Book a Free Consultation

We are widely regarded as the premier attorneys for slip and fall cases in Illinois, including Cook County and its surrounding counties. We work on a contingency fee basis, meaning that our attorney fees are deducted from your settlement. This ensures that everyone can receive top-notch legal representation, no matter their financial means. Contact us today for a free consultation about your legal rights.