In South Carolina, you can pursue compensation for non-economic damages through a personal injury claim, including for your pain and suffering. This raises an important question: How is personal injury pain and suffering calculated in South Carolina? The short answer is that there is no fixed formula. It is always calculated on a case-by-case basis. Here, our Spartanburg personal injury lawyer explains the key things to know about securing the maximum compensation for pain and suffering in South Carolina.
An Overview of Compensation for Pain and Suffering
Broadly explained, the term “pain and suffering” refers to the physical pain, emotional distress, and diminished enjoyment of life caused by an accident or injury. Unlike medical bills or lost wages, these damages do not come with a receipt. They reflect the human cost of trauma. These are the discomfort, inconvenience, anxiety, and loss of quality of life that accompany recovery.
South Carolina law recognizes pain and suffering as a compensable loss under its civil tort system through a personal injury claim. Victims may recover for both past suffering (experienced between the date of injury and trial) and future suffering (expected to continue after the case resolves). The amount awarded depends on the nature of the injury, its duration, and its impact on daily life.
Pain & Suffering Compensation in Non-Economic Damage
South Carolina law divides personal injury compensation into two broad categories: economic damages and non-economic damages. Economic damages cover financial losses like hospital bills, therapy costs, and lost income. Non-economic damages, by contrast, address intangible harms that cannot be calculated with mathematical precision. Here is the key thing to know:
- Pain and suffering is the largest and most common type of non-economic damage. It encompasses both physical pain (chronic discomfort, loss of mobility, or post-surgical complications, etc) and emotional suffering (anxiety, depression, insomnia, post-traumatic stress disorder (PTSD), etc.)
South Carolina does not impose a general cap on pain and suffering in most personal injury claims. In other words, you have the right to seek financial compensation that is worth the full value of your pain and suffering. Do not let any defendant or insurance company undervalue your pain and suffering damage.
How Much Can You Sue for Pain and Suffering?
Pain and suffering is notoriously challenging to value. In South Carolina, there is no fixed standard or universal formula for calculating pain and suffering. Each case depends on its unique facts, including the severity of the injury, the duration of treatment, and the degree of long-term impact. There are two main methods often used during settlement negotiations and/or personal injury trials to put a dollar figure on the value of pain and suffering:
- Multiplier Method: Insurers or juries may multiply the total economic damages (medical bills and lost wages) by a factor (usually between 1.5 and 5) depending on the severity of the injury. A higher multiplier applies to permanent or catastrophic injuries.
- Per Diem Method: Less common, the per diem approach for calculating pain and suffering assigns a daily dollar value to the victim’s pain and suffering. That figure is then multiplied by the number of days from injury to full recovery (or expected recovery).
To be clear, neither method is mandatory or binding. Courts in South Carolina permit flexible argumentation supported by credible evidence. The ultimate goal is to present a persuasive case showing how the injury altered the victim’s life.
Evidence You Can Use to Prove Your Pain and Suffering
Pain and suffering must be proven with credible, well-documented evidence. Here is an overview of the different types of evidence that can be used to value your pain and suffering in a personal injury claim in Spartanburg, South Carolina:
- Medical Records: Medical evidence is the foundation of any personal injury case in Spartanburg, including for the purpose of calculating the value of your pain and suffering. Comprehensive documentation is a must.
- Your Testimony: Your own statements about daily challenges, emotional distress, and physical limitations carry significant weight. It is a best practice to take ongoing notes about the pain and suffering that you are enduring during your recovery.
- Supporting Testimony from Family, Friends, etc: Witness statements also matter. Observations from people close to you can corroborate your suffering. They may describe mood changes, loss of enjoyment in previously valued activities, and other impacts.
- Psychological or Psychiatric Evaluation: Professional supporting documentation also matters. If the injury causes anxiety, depression, or PTSD, mental health professionals can provide strong supporting evidence.
- Visual Evidence: Photographs of injuries, medical devices, or daily living aids illustrate the physical toll of the accident. Video evidence may also demonstrate reduced mobility or dependence on assistance.
- Documentation of Adverse Effect on Lifestyle: Finally, records showing missed family events, inability to engage in hobbies, or diminished work performance help quantify loss of enjoyment and emotional harm.
Why Rely On Our Spartanburg Injury Lawyer to Get Compensation for Pain and Suffering
A serious accident can leave a person dealing with immense pain and suffering. Sadly, it can be challenging for injured victims to get full and fair financial compensation for their At McCravy, Newlon, & Clardy Law Firm P.A., we have what it takes to hold negligent defendants and big insurance companies accountable. With a proven record of case results and a history of client testimonials, we go above and beyond to do right by victims and families. Our law office is located in the 29301 zip code of Spartanburg. Located between Atlanta and Charlotte, the city is a transportation and manufacturing hub. Global companies like BMW and Michelin maintain major operations right here. Our team is proud to fight for justice for the people who need help most.
Call Our Spartanburg Personal Injury Lawyer for a Free Case Review
At McCravy, Newlon, & Clardy Law Firm P.A., our Spartanburg personal injury attorneys are passionate advocates for justice. Your pain and suffering matter. If you have any questions about how to seek the maximum compensation for pain and suffering, we can help.
Contact us now to set up a free, strictly private initial consultation. With a law office in Spartanburg, we fight for justice for injured victims in 29301 and throughout the region.