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. 

If you are researching a pain and suffering settlement slip and fall claim in Chicago, the value may depend on the severity of your injuries, medical treatment, evidence of negligence, and how the accident affects your daily life.

An experienced personal injury lawyer can evaluate your damages, document your losses, and negotiate with the insurance company for a settlement that reflects the full impact of your injuries. 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 are a type of non-economic damage that may compensate you for physical pain, emotional distress, and other effects of an injury caused by a 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. These losses can be difficult to assign a dollar value because they do not come with a specific bill or receipt.

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

Several factors contribute to the pain and suffering damages you can receive. These same factors can affect the value of a pain and suffering settlement slip and fall claim, including the following:

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, may receive less for pain and suffering, depending on the circumstances and extent of their losses.

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. Medical records, photographs, witness statements, surveillance footage, and other evidence can help establish liability and document the impact of the accident.

Comparative Negligence: Illinois employs a modified comparative negligence standard to determine the amount of compensation an individual can receive under Illinois premises liability law. Under 735 ILCS 5/2-1116, you may recover damages if you were not more than 50% responsible for your injuries, but your recovery will be reduced based on your percentage of fault.

Available Insurance: The property owner’s insurance company will evaluate the claim and available policy coverage when determining whether to make a settlement offer for your slip and fall accident. Insurance policy limits and the availability of coverage can affect the amount that may be recovered.

Strength of Argument: Working with an experienced attorney can help you evaluate the evidence, calculate your economic and non-economic losses, and negotiate for a settlement that reflects the full impact of your injuries.

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. Permanent limitations or a disability may further affect a person’s ability to enjoy daily activities and should be considered when evaluating non-economic damages.

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. Neither method guarantees a particular settlement amount, and the approach used to value a claim depends on the facts and evidence of the case.

The multiplier method typically multiplies documented economic damages by a factor based on the severity and circumstances of the injury. For additional information, see the slip and fall settlement calculator.

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 estimate $375,000 in non-economic damages under this hypothetical calculation, although an actual claim may be valued differently.

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 estimate $22,500 in pain and suffering damages under this hypothetical example.

How a Slip and Fall Attorney Can Help

Working with an experienced Chicago slip and fall attorney can help you understand the factors that may affect a pain and suffering settlement slip and fall claim. 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. Past results do not guarantee a similar outcome in another case.

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 personal injury lawyers can also pursue relevant evidence, such as surveillance footage and other records, when appropriate.

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. We can work with doctors, physical therapists, social workers, and other qualified professionals who can explain the physical and emotional effects of a slip and fall injury.

Negotiation: The insurance company aims to minimize your compensation, particularly for pain and suffering. We will use our meticulously gathered evidence to negotiate for a settlement that reflects the full impact of your injuries and addresses the insurer’s arguments about liability, injury severity, or preexisting conditions.

Trial Representation: Many slip and fall cases are settled out of court. A settlement can resolve a claim without a trial, but the outcome and timing depend on the facts, negotiations, and parties involved. 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 to a judge and jury, who will render 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, there is no fixed pain and suffering settlement amount for every Chicago slip and fall claim. The value depends on factors such as injury severity, medical treatment, liability, lost income, available insurance, and the effect of the injury on your life.

A pain and suffering settlement slip and fall claim may be higher or lower depending on the specific evidence and circumstances. Rather than assuming that settlements are routinely in the millions, it is more accurate to evaluate each case individually. If you are considering a Chicago slip and fall claim, an attorney can review the available evidence and explain the damages that may apply to your case.

Example Cases Handled by Our Law Firm

Client approval and consistency review is recommended for the following case-result names and facts before publication. 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). See our snow and ice claims for additional information.

Another woman, Cheryl, broke her arm after a slip-and-fall accident at a large grocery store. We secured $1,200,000 after proving that the company failed to clean up food debris in accordance with proper store maintenance. This result should be cross-checked against the firm’s other published broken-arm case results before publication.

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 Chicago personal injury lawyers as soon as possible so we can review your circumstances, identify the applicable deadline, and determine whether any special circumstances apply.

Book a Free Consultation

We represent clients injured in slip and fall accidents in Chicago and can help evaluate potential premises liability claims. We work on a contingency fee basis, meaning that our attorney fees are deducted from your settlement. This arrangement allows you to pursue a claim without paying attorney fees upfront, subject to the terms of your representation agreement. Contact us today for a free consultation about your legal rights.

Legally Reviewed By
Attorney Jonathan Rosenfeld

The information on this page has been legally reviewed by Attorney Jonathan Rosenfeld, founder and managing partner of Rosenfeld Injury Lawyers LLC, a Chicago-based personal injury law firm. With decades of experience representing individuals injured in slip and fall accidents and other premises liability cases throughout Chicago, Mr. Rosenfeld is dedicated to protecting the rights of injury victims and helping them pursue the maximum compensation available under the law. His extensive legal knowledge and commitment to client advocacy ensure that the information provided is accurate, reliable, and aligned with current legal standards.

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