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A serious accident can cause the victim tremendous pain and terrible suffering. Through a personal injury claim in South Carolina, you have the right to seek compensation for your pain and suffering and any other non-economic damages. This raises an important question: How is pain and suffering calculated? The short answer is that our state does not have a fixed method or formula to determine the value of pain and suffering—instead, it is calculated on a case-by-case basis using intangible factors. Within this article, our Beaufort personal injury attorneys explain how courts calculate pain and suffering.
What are Pain and Suffering Damages?
A bad injury can take a serious physical and mental toll on the victim. As defined by the Legal Information Institute, pain and suffering is a term used in personal injury law to refer to the “pain, discomfort, anguish, inconvenience, and emotional trauma” that a person endured during and after an accident. Pain and suffering damages are a form of compensation awarded to people who have experienced physical pain and emotional distress due to another party’s negligence. These damages acknowledge the often serious intangible losses that accompany physical injuries.
How to Calculate Pain and Suffering in South Carolina
Pain and suffering is a form of non-economic damages. By definition, non-economic losses are not tied to a specific dollar figure. Instead, they are intangible. South Carolina does not have a fixed formula for determining the value of pain and suffering damages. However, there are two broad methods that insurance companies typically use to calculate these damages for injuries:
- Multiplier Method:The multiplier method calculates pain and suffering damages by first totaling all the economic damages incurred, such as medical expenses and lost income. This sum is then multiplied by a number typically ranging from 1.5 to 5. The multiplier reflects the severity of the injury and its impact on the victim’s life.
- Per Diem Method: The per diem method assigns a specific dollar amount to each day from the date of the injury until the plaintiff reaches maximum medical improvement. The daily rate is often based on the victim’s daily earnings or another reasonable figure that reflects the inconvenience and suffering experienced each day.
To be clear, South Carolina does not require the use of the multiplier method or the per diem method. As noted, there is no fixed standard for determining pain and suffering damages. Instead, the value of an injured victim’s pain and suffering is always determined on a case-by-case basis with careful attention to the specific circumstances.
Insurance Companies Frequently Try to Downplay Pain and Suffering
Getting access to a full and fair personal injury settlement from an insurance company can be hard—especially so if you have considerable pain and suffering. Unfortunately, insurers frequently try to undervalue pain and suffering. They may downplay the severity of injuries, question the credibility of the victim, or argue that pre-existing conditions are the real cause of the pain. Our South Carolina personal injury lawyers fight to prevent them from paying out less.
Two Tips to Maximize Your Compensation for Pain and Suffering
How can you secure the maximum financial compensation for pain and suffering after a bad accident in South Carolina? Here are two actionable tips that you can use:
- Carefully Document Your Economic Damages: It is important to remember that economic damages are often used to help form the basis for pain and suffering. Even if the multiplier method is not being used, your economic damages—medical bills, lost wages—can still be relevant to determine your pain and suffering losses. Comprehensive documentation not only substantiates your economic damages but also provides a strong foundation for calculating non-economic damages, including pain and suffering.
- Demonstrate the Toll of the Accident and Your Injuries: To effectively convey the extent of your pain and suffering, provide evidence of how the injury has impacted your daily life. You may want to present personal journals that document your experience, medical records, therapy notes, and supporting statements from friends and family members. Our South Carolina personal injury lawyers can help you build a strong case to maximize the value of your pain and suffering damages.
You Have Limited Time to Initiate a Claim for Your Pain and Suffering
Personal injury claims are time-sensitive. Under South Carolina law (S.C. Code § 15-3-530(5)), there is a three-year statute of limitations for these cases. While that may seem like a lot of time to initiate your claim, you do not want to fall behind the defendant or insurance company—particularly if you are claiming compensation for pain and suffering damages. If the statute of limitations runs out, you may miss out on your opportunity to recover compensation at all. Take a proactive approach: Consult with a South Carolina personal injury attorney as soon as possible after a bad accident.
How Our South Carolina Personal Injury Lawyers Can Help With Pain and Suffering
Did you suffer serious pain and suffering after a bad accident in South Carolina? If so, you must be able to effectively navigate the claims process so that you can secure the maximum compensation for your damages. The unfortunate reality is that insurance companies often try to settle personal injury cases for as little as possible. They will try to undervalue your pain and suffering. At Schiller & Hamilton, we are here to help you get justice.
Get Help From a Personal Injury Lawyer in Beaufort
At Schiller & Hamilton, our Beaufort personal injury attorneys are committed to devoting time, resources, and attention to detail to every case. If you or your loved one has any questions about seeking compensation for pain and suffering, please do not hesitate to contact us today for a free, fully confidential initial case review.