Suffering an injury due to another party’s carelessness is an incredibly difficult experience that no one should have to go through. In addition to the physical pain, there are often significant emotional, psychological, and financial consequences that impact the victim’s quality of life. If you have been hurt in an accident in South Carolina, you may be entitled to compensation for pain and suffering as part of your personal injury claim or lawsuit. But what exactly does “pain and suffering” mean in a legal context, and how is compensation calculated? In this blog post, our experienced Spartanburg personal injury lawyers will provide an overview of how pain and suffering are defined and quantified under South Carolina law.
What Is Considered Pain and Suffering?
In personal injury law, “pain and suffering” refers to the physical discomfort and emotional distress a person experiences due to an injury.
This encompasses both the immediate pain at the time of the accident as well as any ongoing or future suffering resulting from the injury.
Some examples of what may be considered pain and suffering include:
- Physical pain and discomfort
- Mental anguish
- Emotional distress such as depression, anxiety, mood swings, sleep disturbances, etc.
- Limitations on activity and loss of enjoyment of life
- Disfigurement or physical impairment
- Grief over the death of a loved one (in wrongful death cases)
Importantly, pain and suffering include more than just physical pain. The mental and emotional toll of an injury can be equally, if not more, difficult than the bodily hurt. Things like post-traumatic stress, loss of consortium with a spouse, inability to play with one’s children, or social isolation caused by an accident would all likely fall under the category of pain and suffering.
How Is Payment for Pain and Suffering Calculated in South Carolina?
Quantifying something as subjective as pain and suffering into a dollar amount can be challenging.
Unlike economic damages such as medical bills or lost wages which have clear numeric values, the monetary equivalent of physical and mental distress is more ambiguous.
In South Carolina, there is no set formula or fixed cap on pain and suffering compensation. Instead, juries are given discretion to decide what they believe to be fair and reasonable compensation on a case-by-case basis. Some factors that may be considered when calculating payment for pain and suffering include:
- The severity and permanence of the injury
- The degree of physical and emotional distress
- Whether the injury has caused disability or long-term consequences
- The age and overall health of the victim
- The extent to which the injury has impacted day-to-day activities and relationships
- The level of fault or misconduct of the negligent party
Evidence such as medical records, mental health evaluations, personal diaries detailing one’s experience, and testimony from family and friends can help demonstrate the extent of pain and suffering to a jury. An experienced Spartanburg personal injury attorney can assist in compiling documentation and expert opinions to support a claim.
To arrive at a monetary figure, juries will often use their best judgment based on awards in similar cases. While each situation is unique, looking at precedent can provide a general ballpark or starting point for calculating pain and suffering damages. Ultimately, two individuals with identical injuries may be granted vastly different sums based on the specific facts and circumstances of their case.
Limitations on Payment for Pain and Suffering Damages
While there is no outright cap on pain and suffering compensation in South Carolina, there are some situations where damages may be limited:
- If the injured party was partially at fault for the accident, their compensatory damages would be reduced in proportion to their degree of fault under the comparative negligence rule.
- For medical malpractice cases, there is a $350,000 cap on non-economic damages (including pain and suffering) against any single healthcare provider. However, this limit does not apply to other types of personal injury claims.
- If suing a government entity, special rules and damage caps may apply under the South Carolina Tort Claims Act. The total damages (pain and suffering included) that can be recovered in claims against government bodies are capped at $300,000 per person or $600,000 per occurrence.
Pain and Suffering vs. Punitive Damages
It is important to understand that compensation for pain and suffering, while significant, is a separate category from punitive damages.
Pain and suffering is a type of compensatory damage intended to make the injured party whole again (to the extent that is possible). In contrast, punitive damages are awarded to punish a defendant for egregious misconduct and to deter similar actions in the future.
In South Carolina, punitive damages are only available in exceptional cases where the defendant’s conduct was willful, wanton, or grossly negligent. Even if awarded, they are capped at the greater of $500,000 or three times the compensatory damages.
The Role of a Spartanburg Personal Injury Attorney
Compensation for pain and suffering can be overwhelming, especially while trying to focus on recovery. An experienced personal injury attorney in Spartanburg can be an invaluable advocate and source of support during this difficult time.
A lawyer specializing in this area of the law can help:
- Evaluate your case and estimate what your pain and suffering claim may be worth
- Gather evidence and obtain expert testimony to demonstrate the extent of your physical, emotional, and psychological distress
- Handle communications and negotiations with insurance companies
- File a lawsuit and argue your case in court if a fair settlement cannot be reached
- Ensure you receive the maximum compensation you are owed
At McCravy, Newlon, Sturkie & Clardy, we understand the immense challenges that accident victims face. We have helped numerous injured people in South Carolina recover the payments for pain and suffering they deserved. If you believe you may have a personal injury claim, we invite you to contact our office for a free consultation to discuss your rights and options. Let us navigate the legal process so you can focus on healing.
We Are Here to Help
Dealing with the pain and anguish of an injury caused by another individual’s carelessness is an incredible hardship. While no amount of money can undo the suffering, receiving just compensation can provide critical support and a sense of justice for victims.
If you have been hurt due to another’s misconduct in South Carolina, do not hesitate to explore your right to payments for pain and suffering and other damages. The dedicated attorneys at McCravy, Newlon, Sturkie & Clardy are here to fight for the full and fair financial recovery you are owed. Contact us today to learn how we can help.