Can You Receive Money for Pain and Suffering After a Car Accident in South Carolina?

A car accident can leave you with more than just physical injuries. The emotional and psychological impact, as well as the disruption to your daily life, can be overwhelming. In South Carolina, you may be entitled to compensation for these intangible damages, commonly known as pain and suffering. This blog will explain what pain and suffering damages are, how they're calculated, and how to pursue a fair settlement.

What Are Pain and Suffering Damages?

Pain and suffering damages fall under the category of non-economic damages and are intended to compensate for the physical and emotional hardships caused by your car accident. These may include:

• Physical pain: Ongoing discomfort or chronic pain from injuries.
• Emotional distress: Anxiety, depression, or post-traumatic stress disorder (PTSD).
• Loss of enjoyment of life: Inability to participate in hobbies, sports, or family activities you once enjoyed.
• Scarring or disfigurement: Permanent physical changes affecting your self-esteem or daily life.

Unlike medical bills or lost wages, these damages don't come with a clear price tag, making them more challenging to quantify.

Can You Claim Pain and Suffering in South Carolina?

Yes, South Carolina allows accident victims to seek compensation for pain and suffering as part of a personal injury claim. However, there are key factors to consider:

1. South Carolina Is an At-Fault State

In South Carolina, the at-fault driver's insurance is responsible for covering your damages, including pain and suffering. To succeed in your claim, you'll need to prove that the other driver's negligence caused the accident and your injuries.

2. Comparative Negligence Rule

South Carolina follows a modified comparative negligence rule, meaning your compensation may be reduced if you are partially at fault for the accident. For example, if you are found 20% responsible, your pain and suffering damages will be reduced by 20%.

3. Insurance Policy Limits

The at-fault driver's insurance policy limits may impact how much you can recover. If your damages exceed the policy limits, you may need to explore other options, such as underinsured motorist coverage.

How Are Pain and Suffering Damages Calculated?

Because pain and suffering are subjective, calculating their value requires considering several factors:

• The severity and duration of your injuries.
• The impact on your daily life and ability to work.
• The extent of medical treatment required.
• Testimony from medical experts or mental health professionals.

Attorneys often use one of two methods to estimate pain and suffering damages:

• Multiplier Method: Multiplying your economic damages (e.g., medical bills) by a factor (usually 1.5 to 5) based on the severity of your injuries.
• Per Diem Method: Assigning a daily monetary value to your suffering and multiplying it by the number of days you've experienced hardship.

Tips for Strengthening Your Pain and Suffering Claim

To maximize your compensation, follow these steps:

1. Document Everything: Keep detailed records of your injuries, treatments, and how the accident has affected your life.
2. Seek Medical Attention: Obtain consistent and thorough medical care to establish a clear link between the accident and your injuries.
3. Work with an Experienced Attorney: A skilled South Carolina car accident attorney can gather evidence, negotiate with insurers, and advocate for fair compensation.

Why Choose Our Firm?

With offices in Charleston, Georgetown, Myrtle Beach, and Pawleys Island, our experienced team has helped countless car accident victims secure compensation for pain and suffering. We understand the nuances of South Carolina law and are committed to fighting for your rights.

Contact Us for a Free Consultation

If you've been injured in a car accident and are dealing with physical and emotional pain, you don't have to face it alone. Contact our South Carolina offices today to schedule a consultation. Let us help you pursue the compensation you deserve.