Pain and Suffering After a Rock Hill Car Accident
Some car accidents can have longer lasting effects beyond an injury, a damaged vehicle and lost wages. These effects can include emotional, mental, or physical distress following a car accident, with many documented cases of depression stemming from even the slightest fender bender.
If you have been injured in a car accident that was not your fault, you might be entitled to significant compensation for your pain and suffering. Talk to the Rock Hill car accident attorneys at Schiller & Hamilton today to find out more about your legal rights and options. The claim review is absolutely free and without obligations.
What Is Considered Pain and Suffering in Rock Hill?
Under South Carolina law, monetary damages are divided into two groups: noneconomic damages, which are subjective in nature, and economic damages, which typically include medical bills, lost wages, and similar financial losses.
Pain and suffering falls under noneconomic damages since one cannot assign monetary value to what cannot be seen. Depression, for example, may be worth more in some accident cases than others since victims handle stress and physical pain differently.
Many Rock Hill car accident lawyers will base their monetary request for noneconomic damages off the events that transpired in the weeks after the victim began recovery. Sudden withdrawal from friends and family, thoughts of suicide, or loss of appetite are common indicators that victims could be suffering mentally.
Insurance Companies Involvement
Insurers relegate pain and suffering in any way possible. The most common method uses a computer program that determines what it believes is fair given the extent of the victim’s injuries. However inaccurate, insurers will try to get victims to accept a low settlement offer for the entire accident, with pain and suffering bundled into the figure.
The car accident pain and suffering lawyers at Schiller & Hamilton are dedicated to getting fair noneconomic damages for their clients, even if the insurer attempts to get you to settle by making a lowball offer. We will fight to seek compensation for what your claim is actually worth. We will not be afraid to take your case to trial to pursue the money you are owed.
What Type of Evidence Does an Insurance Company Review?
Police reports, accident photos, and other evidence the adjuster can obtain is thoroughly reviewed by the insurer and their counsel. Based on their findings and historical data from similar accidents, they’ll determine whether they believe their insured is at fault. If they accept liability, they will attempt to calculate what they believe the victim’s pain and suffering is worth in dollars.
How Is Compensation for Pain and Suffering Calculated?
There are two more methods some lawyers use on behalf of victims to determine pain and suffering in a car accident. Both methods are widely accepted by judges and juries.
- The Multiplier Method — Calculates medical bills, lost wages, vehicle damage, and other economic damages and multiplies them by a number (usually between 2 and 5).
- The Per Diem Method — Assigns a daily dollar value for each day the victim was confined to their home or hospital for recovery purposes. This dollar value is exclusive of economic damages but is added to the final settlement amount.
Insurance companies are not bound by these calculation methods, and your attorney will likely refute the accuracy of their analytical software. For example, the insurer’s computer program may put a heavier emphasis on treatment by physicians over chiropractic care for a victim who is suffering from a disfigured or fractured spine.
These more accurate calculations are why victims need an experienced lawyer for more accurate calculations of pain and suffering claim filing. Note that pain and suffering endured by spouses and family members in wrongful death cases may lead to significantly higher monetary awards, but are normally litigated similarly.
How Our Rock Hill Car Accident Lawyers Can Help with Pain and Suffering Claims
Our firm will assign an experienced lawyer for pain and suffering claims that may accompany auto accident injuries. From there, your attorney will go through police reports, photos, witness statements and then look over medical reports. If psychiatric treatment was ordered, that will be taken into consideration when your attorney negotiates for a settlement.
Compensation for pain and suffering after a car accident may vary based on whether a passenger car or commercial vehicle is responsible for your injuries, whether you’re expected to be off work for an extended period, discussion with the victim’s family, and the victim’s general demeanor in the days and weeks following the accident.
If you’re unsure what South Carolina law considers pain and suffering, but you want to fight the insurer alone, we urge you to reconsider. An injury lawyer for pain and suffering claims should be retained to increase your chances of receiving fair compensation for your pain and suffering.
If you’re like the thousands of victims we’ve helped over the years, you’re probably unsure what to do following an accident.
Lawyers from Schiller & Hamilton are ready to help victims in any way possible during the settlement process. All claims of pain and suffering will be addressed with the insurer. Should they convey their unwillingness to listen to an offer, we’ll be ready to litigate your accident case in court.
Contact Schiller & Hamilton as soon as possible after your accident to find out more about your legal rights regarding pain and suffering and other forms of compensation. We charge nothing for consultations, collect nothing from victims unless we win, and will fight for every penny your pain and suffering is worth.