When you are injured in an accident at the hands of another, the costs go beyond just medical bills or lost income. Many victims suffer long-term physical and emotional trauma that is just as damaging, but a lot harder to quantify. In South Carolina personal injury law, these types of losses are known as “pain and suffering” damages. Please continue reading as we explore how pain and suffering damages are calculated and how an experienced Chesterfield County Personal Injury Lawyer can help you fight for the justice you deserve.
What Does “Pain and Suffering” Mean in a SC Personal Injury Case?
Generally, when you are injured due to another party’s negligence in South Carolina, you are entitled to file a personal injury claim to seek compensation for your economic and non-economic damages. Economic damages represent measurable losses that can be demonstrated through receipts. Non-economic damages, on the other hand, represent intangible losses that reflect how your life has been changed by the accident.
In a personal injury claim, “pain and suffering” is categorized as a non-economic damage. This refers to the physical and emotional distress resulting from an injury. Unlike quantifiable expenses such as hospital bills, this subjective loss is challenging to measure precisely. Its value depends on how the injury has impacted an individual’s ability to live, work, and enjoy life. This type of damage can encompass:
- Anxiety
- Depresison
- Post Traumatic Stress Disorder (PTSD)
- Sleep disturbances
- Disfigurement
- Inconvience
- Inability to participate in formerly enjoyable activities
To prove pain and suffering, you will need to prove substantial evidence of your physical and emotional harm. This can include your medical records, photographs of visible injuries, expert testimony, your own detailed testimony (pain journal), and witness statements from family and friends, all of which can help show the impact your injury has had on various aspects of your life.
How Do Insurance Companies Calculate Pain and Suffering?
In South Carolina, insurance companies often use different formulas and negotiation tactics to assign a dollar value to your suffering. Two of the most common calculation methods are:
- The Multiplier Method: This calculates pain and suffering by multiplying total economic damages by a factor, usually between 1.5 and 5, based on the severity of your injury. A lower multiplier is usually used for minor injuries, while higher multipliers may apply if you suffer long-term injuries or permanent disability. For example, if your economic damages amount to $20,000 and a multiplier of 3 is applied, your pain and suffering will be valued at $60,000.
- The Per Diem Method: This involves assigning a daily dollar amount to your suffering, multiplying it by the number of days you experienced symptoms until reaching maximum medical improvement. For example, if a daily rate of $200 is assigned and your recovery period is 180 days, your pain and suffering claim will be valued at $36,000.
The chosen method will depend on the unique circumstances of the case, with the multiplier being favored for more severe cases and the per diem method for injuries with a clear recovery timeline.
It should be noted that there is no cap on pain and suffering damages in most personal injury cases. However, there are caps in South Carolina for medical malpractice cases, which are adjusted periodically.
For more information, please don’t hesitate to contact an attorney at The Cockrell Law Firm, P.C. Our legal team is prepared to help you fight for the compensation you deserve.