Can You Sue for Pain and Suffering in South Carolina?
If someone else’s wrongdoing or negligence injures you or a loved one, you can bring a civil lawsuit to recover compensation. Generally, damages awarded in a civil suit are intended to restore an accident victim to the state they were in before the accident occurred. An accident victim may be entitled to economic and noneconomic damages. Economic damages are meant to pay for financial losses, including medical expenses and lost wages. In contrast, noneconomic damages are intended to compensate for damages that cannot be given an objective monetary value. Damages for pain and suffering are the most common type of noneconomic damages. No amount of money can make up for the physical pain and emotional distress you suffered because of an accident. However, at the Peace Law Firm, we strive to ensure our clients receive the compensation they deserve.
Types of Damages
In any personal injury case, one of the things the plaintiff must prove to be successful is damages. There are two general categories of damages with various subcategories.
Economic damages are designed to compensate you for expenses you incurred as a result of an accident. Economic damages include:
- Medical bills,
- Lost wages, and
- Property damages.
Remember to save your doctor bills, invoices, pay stubs, and other financial documents to help your attorney accurately calculate your economic damages.
Noneconomic damages are designed to compensate you for emotional or psychological injuries caused by your accident. Noneconomic damages can include:
- Pain and suffering,
- Loss of consortium,
- Loss of enjoyment of life, and
- Mental anguish.
Depending on the circumstances, a plaintiff may be entitled to different types and amounts of economic and noneconomic damages. To learn more about specific damages you may be able to recover, contact The Peace Law Firm to discuss your case.
What Are Pain and Suffering Damages?
Pain and suffering damages are the most commonly sought noneconomic damages. Pain and suffering is a legal term that describes the physical, mental, and emotional harm you suffer because of an accident.
How to Sue for Pain and Suffering
Prospective clients often come to us and ask, How can I sue for pain and suffering? Because damages for pain and suffering are noneconomic, it can be difficult to calculate their value. In other words, can you put a price on your physical, mental, and emotional anguish? It is not impossible, but it isn’t easy. Often, the plaintiff and defendant will disagree on how much a plaintiff should receive for their pain and suffering. It is vital to have a skilled attorney who will fight for the compensation you deserve at the negotiating table or at trial.
Proving Pain and Suffering
There are several ways to prove the value of pain and suffering damages. Typically, the most robust cases will have several forms of evidence to support the claim. Examples of evidence that can be used to prove pain and suffering include:
- Testimony of family and friends closest to you,
- Medical doctor records and testimony,
- Therapist or counselors testimony or notes,
- Personal journals,
- Pictures, and
- Time missed from work.
Don’t get hung up on the amount of evidence you have or don’t have. It is more important to have quality evidence over quantity. Damages are generally measured by the losses you sustained. High-quality evidence that reflects all the ways an injury has impacted your life will help make your claim stronger.
Typically, several factors are considered when calculating pain and suffering claims. These factors include:
- The severity of the injury,
- The time it took for the injury to heal,
- The overall health of the plaintiff,
- The age of the plaintiff,
- Limitations the plaintiff is experiencing from the injury in both work and everyday activities, and
- The impact on the plaintiff’s social life (for example, negative impacts on relationships with family and friends).
You may be entitled to both past and future pain and suffering damages. Past pain and suffering damages are calculated from the time of the accident and injury until the date of the settlement or award. Future pain and suffering damages will estimate any anticipated pain you might endure throughout the remainder of your life.
Who Do You Sue for Pain and Suffering?
One frequently asked question is, Who can you sue for pain and suffering? The answer is simple. The injured person will sue the person, persons, or entity that caused the accident and injury through their negligence or wrongdoing.
How to Sue a Company for Pain and Suffering?
If a company is responsible for your injury, you will usually sue them just as you would sue an individual by filing a civil lawsuit for damages. If you suspect a company is liable for your injury, contact the Peace Law Firm to discuss your options.
South Carolina Personal Injury Attorney
At Peace Law Firm, we represent real people, not insurance companies, corporations, or employers. With over 20 years of experience, we have recovered millions of dollars for our clients and have won six-figure awards in individual cases. Our mission is to help people who have been wronged, injured, or cheated. Contact us online or by phone to schedule a free consultation to find out how we can help you. Remember, we don’t get paid unless you do.