Pain and suffering damages often represent a major component for Charleston personal injury attorneys. While economic damages compensate a victim for tangible losses (like medical bills or lost wages), pain and suffering captures the non-economic harm someone experiences after an accident.
In South Carolina, courts allow injured individuals to seek financial relief for physical discomfort, emotional distress, and diminished quality of life. Below is an in-depth look at how pain and suffering damages are calculated and the factors that might influence these awards.
Defining Pain and Suffering
There are multiple types of pain and suffering, including:
Physical Pain
Physical pain refers to the ongoing discomfort or complications arising from injuries. This can include chronic back pain, persistent migraines, or recurring soreness following a serious collision or mishap.
While no X-ray can fully measure an individual’s pain level, evidence such as medical records and personal journals can support a claim for compensation.
Emotional Distress
Emotional suffering, sometimes called mental anguish, can manifest as anxiety, depression, or even post-traumatic stress disorder (PTSD). Individuals who grapple with flashbacks, insomnia, or a fear of driving after a car wreck often include these non-economic losses when pursuing legal action.
Loss of Enjoyment of Life
An accident might force someone to give up hobbies or day-to-day activities that once provided happiness and fulfillment. The inability to engage in a favorite sport or travel with friends can diminish one’s overall quality of life. Courts recognize this loss when evaluating pain and suffering damages.
Methods for Calculating Pain and Suffering
There are two common methods for calculating pain and suffering:
Multiplier Method
A common approach is the multiplier method. Economic damages are calculated first. The sum is then multiplied by a number (typically between 1.5 and 5) to determine pain and suffering. The multiplier can vary based on the severity of injuries and their impact on daily life.
- Low Multiplier (1.5 to 2): reserved for relatively minor injuries that heal over a short period
- Moderate Multiplier (2 to 3): used when injuries require significant treatment but are not permanently disabling
- High Multiplier (4 to 5): indicative of severe, life-altering injuries or intense physical and emotional trauma
This method is how the law accounts for hospital bills or lost income.
Per Diem Method
Under the per diem method, a daily rate is assigned to the victim’s suffering. That rate is multiplied by the total number of days the individual endures the effects of the accident. This calculation might factor in how much rest is lost each day due to pain or the daily toll taken by anxiety or depression.
Key Factors Influencing Pain and Suffering Awards
There are many factors that will be taken into account when determining the value of pain and suffering damages:
Severity and Duration of Injuries
Serious injuries like spinal cord damage, traumatic brain injuries, or extensive burns often result in substantial awards for pain and suffering, especially if the effects are permanent or require ongoing treatment.
Degree of Fault
South Carolina follows a modified comparative negligence rule. If the injured party shares a portion of the blame (up to 50%), the total damages (including pain and suffering) will be reduced proportionally. For instance, if a person is 20% at fault for the accident, their compensation will decrease by 20%.
Impact on Daily Life
A visible shift in someone’s day-to-day activities can highlight the severity of their suffering. Evidence might include a medical expert’s testimony that the victim cannot lift objects heavier than a few pounds or a psychologist’s evaluation showing severe anxiety after the event.
Credibility of Evidence
A judge or jury may award higher pain and suffering damages when the victim provides consistent medical records, testimony from healthcare professionals, and personal logs capturing pain levels over time. These forms of documentation reduce doubts about the legitimacy of non-economic harm.
Statute of Limitations in South Carolina
Under South Carolina law, most personal injury cases must be filed within three years from the date of injury. Missing this window typically bars any chance of recovering damages, including pain and suffering. Prompt action helps preserve critical evidence and witness testimony.
Additionally, beginning the legal process early allows your attorney to negotiate from a position of strength. Delays can complicate efforts to secure detailed medical examinations or gather photographs of the accident scene.
Contact Ty Robinson Personal Injury & Car Accident Law Firm for Help Calculating Pain and Suffering Damages
If you’ve been hurt in an accident in Charleston, SC, you might be entitled to financial relief for pain and suffering. An experienced attorney can help quantify your intangible losses, negotiate with insurers, or present your case in court.
Reach out to Ty Robinson Personal Injury & Car Accident Law Firm at (843) 278-2222 for a free consultation to figure out how courts calculate pain and suffering damages. From reviewing medical records to negotiating settlements, our firm offers committed legal guidance for those seeking fair compensation for all forms of harm.
