When an accident occurs, any physical pain or emotional suffering a victim experiences due to their injuries qualifies as pain and suffering in South Carolina. Pain and suffering is a form of recoverable damages victims can seek from the person or entity that caused their injuries.
South Carolina law places pain and suffering in the non-economic or nonpecuniary damage category. Though these damages don’t have an obvious monetary value, an attorney can assign value to them when preparing a personal injury claim or lawsuit.
Pain and Suffering Falls Under Non-Economic Damages
In most states, including South Carolina, damages are categorized into economic and non-economic damages. Economic damages refer to monetary losses, such as medical expenses incurred to treat your injuries and lost wages due to your inability to work while recovering.
On the other hand, non-economic damages are intangible losses, which makes estimating monetary loss more difficult. Under S.C. Ann. § 15-32-210(9), pain and suffering form a part of the non-economic damages. Other recoverable damages that fall into this category include:
- Physical impairment
- Mental anguish
- Fear of loss, illness, or injury
- Emotional distress
- Loss of society and companionship
- Loss of consortium (You and your spouse’s relationship has suffered)
- Injury to reputation
Our attorneys are familiar with identifying and assigning value to a client’s pain and suffering, along with their other non-economic damages. We then add these to the economic damages to arrive at an overall case value before seeking compensation from the liable parties.
How Pain and Suffering Is Calculated in South Carolina
It is tough to tell the extent of emotional strain even for the person suffering. Still, injury victims have a right to hold liable parties accountable for their suffering, so we rely on a formula for calculating these damages.
There are many different formulas personal injury teams can use to calculate non-economic damages. In general, the amount you could recover will depend on the:
- Extent of your injuries
- Type of treatment you require
- Impact of these injuries on your life going forward
- Estimated time needed for you to make a complete recovery
- Percentage of fault that the liable party bears
Our attorneys can work with you and your doctors to understand how your injuries affect your daily life and the level of pain you are experiencing. The more insight we have, the easier it will be for us to calculate a fair value for your pain and suffering. In addition, any evidence we collect can support your personal injury case.
Proving Pain and Suffering in South Carolina
Regardless of which method is used to calculate fair compensation for pain and suffering, you must first prove the other party’s liability and the injuries you suffered. To do this, our team can provide:
- Your medical records detailing your injuries and the pain they cause you
- Statements from your medical team explaining the severity of your injuries
- Receipts for prescribed pain medications
- Photos or videos of the injuries sustained
- Statements from you and your family members describing how your injuries and pain affect your daily life
How Does Percentage of Fault Affect Financial Recovery?
Even if you are deemed partially at fault for your injuries, you could still qualify to collect pain and suffering damages in South Carolina. However, your percentage of the fault has to be less than the other party’s.
South Carolina’s comparative negligence law states that you are entitled to a portion of your damages if you were 50% or less at fault in the incident that caused your injuries and eventual pain and suffering. For instance, if your expenses and losses are worth $200,000 and the other person’s fault percentage is 75%, you could recover $150,000.
Hire South Carolina’s Best Personal Injury Lawyers
Proving pain and suffering is not a straightforward process. With the stakes being so high, it’s critical to identify and accurately value each of your damages and provide the necessary proof in your case—this is the reason many injury victims seek the services of a professional, qualified, and reliable personal injury attorney. When you choose our firm, we will help you collect evidence, develop a winning strategy, and represent you in out-of-court settlement negotiations and at trial in South Carolina.
At George Sink, P.A. Injury Lawyers, we have the resources to support your personal injury case. With over 40 years of experience and over 50,000 resolved cases, we have what it takes to help you fight for compensation. Contact us today for a free case review at (888) 612-7001.