A South Carolina car accident claim allows you to pursue compensation for the losses you have suffered due to your injuries. One of these losses is your pain and suffering, which covers your physical discomfort and emotional distress resulting from the crash.
Some losses caused by a collision have defined costs, such as medical expenses and lost income. Other losses, while every bit as real, are harder to quantify. It’s challenging to put a monetary value on pain and suffering, yet this loss accounts for a large part of many accident claims.
The South Carolina car accident attorneys at McKinney, Tucker & Lemel, LLC have helped many clients like you claim pain and suffering damages after a crash someone else caused. We know you’re experiencing significant physical pain. Let us handle your personal injury claim for you while you heal and rest.
What Is Considered Pain and Suffering?
Your compensation in a South Carolina car accident claim falls into two primary categories: economic and non-economic damages. Economic damages are your losses from a car crash with defined values, such as your lost wages, medical expenses, and property damage.
Non-economic damages from a collision are as real as your economic damages but don’t have a defined value, like your pain and suffering. South Carolina law says non-economic damages cover things like:
- Physical pain – This includes the actual pain and discomfort you feel from your injuries.
- Emotional distress – You may experience feelings of fear, anxiety, or depression associated with the trauma of the accident. The emotional impact of a car wreck can be just as devastating as any physical injury.
- Mental anguish – There is often mental suffering and trauma that comes with being in a collision. You may suffer from flashbacks, nightmares, or constant worry about your health and future.
- Inconvenience – This includes the disruption of your daily life and the way your injuries make it hard to do everyday tasks and activities you once enjoyed.
- Physical impairment – Your injuries may have led to long-term disability or limited your physical abilities.
- Disfigurement – This includes scars or other permanent marks on your body caused by the accident, how those scars affect your appearance, and the emotional pain they can lead to.
- Loss of society and companionship – If your injuries affect your relationships with family and friends, it may leave you feeling isolated or lonely.
- Loss of consortium – You might lose the benefits of a family relationship due to your injuries, such as affection, comfort, and companionship.
- Humiliation – This describes how the injuries or their consequences can make you feel embarrassed or ashamed, impacting your self-esteem and social interactions.
What Evidence Is Needed to Prove Pain and Suffering from a South Carolina Car Accident?
You need solid evidence to prove pain and suffering in a car accident case. Here are some types of evidence that can help:
- Medical records – These documents detail your injuries and the treatment you received. They can show the severity of your pain and the length of your recovery.
- Doctor’s notes – Notes from your doctor can explain your pain levels, your treatment plan, and how your injuries affect your daily life.
- Mental health records – If you see a therapist or counselor, their notes can demonstrate your emotional distress, anxiety, or depression resulting from the crash.
- Personal journal – Keeping a daily diary of your pain and emotional struggles can provide a personal account of how your injuries impact your daily life.
- Photos and videos – Images of your injuries and videos showing your physical limitations can visually demonstrate your suffering.
- Witness statements – Testimony from friends, family, or coworkers can describe changes in your behavior, mood, and physical abilities.
- Employment records – These can show how your injuries affect your ability to work, including missed days or changes in job performance.
What Methods Are Used to Calculate Pain and Suffering Damages?
Calculating pain and suffering damages in a car accident case can be tricky because these damages are not tied to direct costs. The two most common methods insurance companies or the court use to calculate these damages are the multiplier and per diem methods.
Multiplier Method
The multiplier method involves taking the total amount of your economic damages, like medical bills and lost wages, and multiplying that number by a factor, usually between 1.5 and 5. The exact multiplier depends on the severity of your injuries and how much they impact your life. For example, if your economic damages are $10,000 and the multiplier is 3, your total damages (including pain and suffering) would be $30,000.
Per Diem Method
The per diem method assigns a daily dollar amount to your pain and suffering, then multiplies that amount by the number of days you’ve been affected by your injuries. For instance, if you have suffering that lasts for 200 days and costs $100 per day, you would seek $20,000 for pain and suffering. This method can be useful when your recovery period is clear and specific.
What Factors Can Affect Pain and Suffering Damages?
Several factors can influence the amount of pain and suffering compensation you might receive after a car accident. One key factor is the severity of your injuries. More serious injuries often lead to higher pain and suffering damages because they usually cause more pain and longer recovery times.
Another important factor is how your injuries impact your daily life. If your injuries prevent you from doing everyday activities or enjoying hobbies you once loved, this can increase your compensation. Your emotional state also plays a role. Emotional distress, anxiety, and depression resulting from the collision can lead to higher pain and suffering damages.
Additionally, the clarity and quality of your evidence matter. Compelling evidence, such as detailed medical records, personal journals, and witness statements, can make a large difference in proving the extent of your pain and suffering. By considering these factors, you and your lawyer can better understand what compensation you might receive.
What Is the Statute of Limitations for Filing a Pain and Suffering Claim?
In most car accident cases, South Carolina law says you have three years from the crash date to file a lawsuit for pain and suffering damages or other compensation. Make sure you speak to an attorney as soon as possible to avoid any potential delays with your case.
Contact a South Carolina Car Accident Lawyer
Your pain and suffering matter after a South Carolina car accident. An experienced personal injury lawyer from McKinney, Tucker & Lemel, LLC can help you pursue fair compensation for your injuries. Call us today for a consultation to learn more.
