Can I Get Pain & Suffering for My Car Accident in South Carolina?
Matt Whitehead | Attorney, The Carolina Law Group
The short answer to this question is: Yes, maybe. If you were in a car accident that wasn’t primarily your fault, and it led to pain and suffering, you can seek compensation for it. Read on to find out more about determining the amount, limits, and how you can get pain and suffering for your motor vehicle accident.
What is Pain & Suffering?
Pain and suffering falls under the broad category of noneconomic damages, or general damages, that are intended to compensate for the effects of the accident that are not tied to a specific dollar amount. For example, someone who was not primarily at fault in a devastating car accident that left them injured and killed a family member might seek compensation for pain, suffering, emotional distress, and loss of consortium (i.e., death of a family member).
Other types of damages are available depending on the case may include economic damages, or special damages, and punitive damages. You can read more about all these types of damages available in South Carolina on our blog right here.
How is the Amount Determined? Are There Limits on Pain & Suffering Compensation?
There is no set amount for pain and suffering or any other noneconomic damages. Because it is difficult to quantify a person’s pain, it is difficult to put a dollar amount on it.
Insurance companies may look to the total medical bills, extent of injuries and medical treatment, etc., to inform its value of noneconomic damages in a particular case. The worse the pain and suffering, it often correlates to the higher the compensation. Another method sometimes utilized determines a per diem (per day) dollar amount and multiplies that by the number of days it takes to recover.
If the case goes to trial, it is up to the jury to determine how much – if any – noneconomic damages should be awarded. The jury will consider the extent of the injuries, how the accident has affected the plaintiff’s life, the future affects based on their age, and similar factors.
Generally speaking, in most cases, South Carolina law does not place limits on the amount of noneconomic damages available for car accidents. (It does, however, place a limit on noneconomic damages for medical malpractice suits and claims against the government.) Also, South Carolina is a comparative negligence state, meaning that if you were partially responsible for the accident, your award can be reduced to reflect the part you played in bringing about your own injuries. Read more about comparative negligence on our blog here.
How Do You Get Compensation for Pain & Suffering?
It’ is important to work with an experienced personal injury attorney to build and present your case, whether to the insurance company or in the courtroom. They will help you gather evidence that documents your pain and suffering and shows how the car accident has impacted your life so you have the best chance of getting the compensation you deserve.
If you’ve been in a car accident that’s left you with emotional, mental, or physical pain, talk to the personal injury lawyers at The Carolina Law Group. They are ready to fight for you and help you get the compensation you deserve. Make an appointment for a free, no-obligation consultation today by calling one of the numbers below.
The Carolina Law Group has four offices in upstate South Carolina for your convenience: Greenville (principal office; call 864.312.4444), West Greenville (864.312.4444), Greer (principal office; call 864.757.5555), and Spartanburg (principal office; call 864.757.5555). Call today.