If you’ve been injured due to someone else’s negligence in South Carolina, you may be entitled to compensation not only for your financial losses but also for your pain and suffering. Learning about how these damages are calculated can help you navigate your personal injury claim more effectively.
However, calculating pain and suffering damages is complex and involves various factors. This article will provide an overview of how these damages are determined under South Carolina law.
What Are Pain and Suffering Damages?
Pain and suffering refers to the physical discomfort and emotional distress you experience as a result of an injury. These are considered non-economic damages because they don’t have a specific dollar value like medical bills or lost wages (which are considered economic damages).
Examples of pain and suffering include:
- Physical pain
- Emotional anguish
- Loss of enjoyment of life
- Anxiety and depression
- Scarring and disfigurement
- Loss of companionship or consortium
In South Carolina, you have the right to seek compensation for these intangible losses as part of your personal injury claim. An attorney can guide you through the process while you focus on recovering from your injuries.
Methods of Calculating Pain and Suffering Damages
There is no fixed formula for calculating pain and suffering damages in South Carolina. However, two methods are often used:
The Multiplier Method
This method involves multiplying your total economic damages by a certain number, typically between 1.5 and 5. The multiplier reflects the severity of your pain and suffering.
For example:
- Economic damages: $50,000
- Multiplier: 3
- Pain and suffering damages: $50,000 x 3 = $150,000
Factors influencing the multiplier include:
- Severity and permanence of injuries
- Impact on daily life and activities
- Length of recovery
- Emotional and psychological effects
Other factors might apply as well, depending on the case.
The Per Diem Method
“Per diem” means “per day” in Latin. This method assigns a daily dollar amount to your pain and suffering from the date of the injury until you reach maximum medical improvement (MMI).
For example:
- Daily rate: $200
- Duration: 180 days
- Pain and suffering damages: $200 x 180 = $36,000
The daily rate is often based on your daily earnings or another reasonable amount.
Factors That Influence Pain and Suffering Damages
Several factors can affect the calculation of pain and suffering damages:
- Severity of injuries
- Duration of recovery
- Impact on lifestyle
- Medical evidence
- Credibility
- Witness testimony
An experienced personal injury lawyer can also help increase the value of your claim, such as by hiring expert witnesses to prove the extent of your damages.
South Carolina Laws Affecting Pain and Suffering Damages
A few aspects of South Carolina personal injury law could have a significant impact on your non-economic damages claim. These include:
Comparative Negligence
South Carolina follows a modified comparative negligence rule. If you’re found partially at fault for the accident, your compensation may be reduced by your percentage of fault. If you’re more than 50% at fault, you cannot recover any damages.
Example:
- Total damages: $100,000
- Your fault: 30%
- Adjusted compensation: $100,000 – 30% = $70,000
Your attorney can respond to allegations of shared fault on your behalf.
Caps on Non-Economic Damages
In certain cases, South Carolina imposes caps on non-economic damages. These include cases involving medical malpractice as well as those involving government entities.
Proving Pain and Suffering
To receive compensation for pain and suffering, you must provide evidence supporting your claim:
- Medical Records: documentation of your injuries, treatments, and prognosis
- Mental Health Records: notes from therapists or counselors if you sought psychological help
- Personal Journal: a diary detailing your daily pain levels, emotional state, and challenges
- Testimony: statements from you, your doctors, and those close to you
- Photographs: images of your injuries and recovery process
An experienced personal injury attorney can help you gather and present this evidence effectively.
Why Calculating Pain and Suffering Is Complex
Unlike economic damages, pain and suffering is subjective and varies greatly from person to person. Insurance companies often challenge these claims to minimize payouts. They may use computer programs or internal guidelines that underestimate your suffering.
Having a skilled attorney on your side ensures that your pain and suffering is accurately represented and that you pursue the full compensation you need and deserve.
How Much Does It Cost To Hire a Personal Injury Lawyer?
If you’re concerned about the cost of hiring a personal injury lawyer in South Carolina, you’ll be relieved to know that most attorneys work on a contingency fee basis. This means:
- No Upfront Fees: You won’t have to pay anything when you hire a lawyer.
- Payment Only Upon Recovery: The attorney’s fee comes out of the settlement or court award they secure for you.
- Percentage-Based Fee: The lawyer receives a percentage of the compensation you recover, typically agreed upon before representation begins.
This arrangement allows you to access quality legal representation without worrying about hourly rates or retainer fees. It also aligns the attorney’s interests with yours, as they are motivated to maximize your compensation.
Contact a Trusted Columbia Personal Injury Lawyer
If you’re dealing with the aftermath of an injury in Columbia, South Carolina, understanding how pain and suffering damages are calculated is crucial. A knowledgeable attorney can guide you through the process and advocate on your behalf.
At Jeffcoat Injury and Car Accident Lawyers, we have extensive experience handling personal injury cases in Columbia and throughout South Carolina. We’ll work diligently to assess your damages, gather compelling evidence, and negotiate with insurance companies to seek maximum compensation.
Don’t wait to get the help you need. Contact our Columbia personal injury lawyers today for a free consultation at (803) 573-0869. Let us help you on the path to recovery.
