How Is Pain and Suffering Calculated in South Carolina?
Suppose you have been in a car accident or have otherwise been injured in South Carolina. You may be tallying up all your medical bills and wondering how you will recover financially. The stress may also be causing you to ask, How is pain and suffering calculated in South Carolina? Indeed, the stress of an accident combined with economic losses and physical pain can create pain and suffering for years to come.
At the Peace Law Firm, we have been helping clients pursue pain and suffering claims after an accident or injury for over 20 years. Since 2002, we have helped hundreds of clients get back on their feet and regain control of their lives. We can also help you pursue your personal injury claim. In this article, we will help you understand how pain and suffering is defined by South Carolina courts and how it is calculated.
What Is “Pain and Suffering”?
Since your accident, have you felt abnormally stressed? Do your joints hurt more than usual? Do you get snappy with your family? All these problems may qualify as pain and suffering. Pain and suffering is a legal term meant to describe the physical and emotional stress accident victims suffer after a car crash or other type of accident.
Pain and suffering damages apply to most personal injury claims. Whether your injury was caused by a car accident, a motorcycle accident, an accident involving heavy equipment, or some other kind of accident, you deserve compensation for your pain and suffering.
And in South Carolina, you can be compensated for this kind of suffering. However, you will need to prove the accident caused your physical and emotional pain. This is one of many reasons that a qualified and knowledgeable attorney can help you from the moment of your injury. If you are not sure whether you want or need an attorney to help you, speak with the Peace Law Firm today. Consultations are free, and we can help you understand the importance of having an attorney by your side as you navigate personal injury claims, including pain and suffering claims.
How Are Pain and Suffering Damages Calculated?
It can be difficult to put a price tag on a person’s pain and suffering after an accident. Unfortunately, there isn’t a specific formula for calculating this. Recently, the South Carolina Supreme Court explained there is no market price for pain and suffering caused by a personal injury because it can’t be objectively determined, and there is no standard way of measuring it.
Instead, calculating pain and suffering damages in South Carolina is done by a jury. South Carolina courts have noted there are several important factors for juries to consider when determining pain and suffering damages. These factors include:
- Types of injuries sustained,
- Type and cost of medication prescribed to the victim,
- Length of recovery period,
- Permanency of the injuries, and
- The totality of the evidence presented.
One way to impress upon the jury how much pain and suffering you have experienced is to let them know how bad your injuries are and how much it costs to recover from them. You can do this by presenting the jury with a detailed picture of your economic and noneconomic damages.
You can also receive pain and suffering damages if you settle your claim without going to trial. You can use the evidence you would put before a jury to negotiate a settlement. Your attorney and the insurance company will weigh the strength of that evidence and the award you are likely to receive from a jury in crafting a settlement offer.
In South Carolina, economic damages are meant to compensate you for monetary losses you may have suffered because of your accident or injury. While this is not the same as pain and suffering, knowing how much your economic damages are may help a jury decide how much to award you in noneconomic damages. Economic damages can include:
- Medical expenses,
- Lost income,
- Lost future wages, and
- Property damage.
This is not an exhaustive list. Depending on the nature of your accident or injury, you may have many other economic damages that you need to be compensated for. Speak to a member of the Peace Law Firm team today to discuss how we can help you get the compensation you deserve after an accident.
Noneconomic damages are things like pain and suffering, emotional distress, and loss of consortium. These are all losses that do not have a dollar amount attached to them like a medical bill does. In South Carolina, pain and suffering may be calculated by reference to your economic damages, so be sure to present a very clear picture of the economic losses you have suffered.
How The Peace Law Firm Can Help
At the Peace Law Firm, we represent injured victims—not insurance companies and not group benefit plans. If you or your loved one has suffered serious injuries from an accident, we can help. Whatever redress you are seeking, we would like to discuss it with you and help you come up with a game plan. To schedule a free, fully confidential review of your case, please contact our legal team today by phone or online. Our law firm is in Greenville, and we serve accident and injury victims in both South Carolina and North Carolina.