Pain and suffering refer to the physical discomfort and emotional distress you endure after an accident. These losses do not have a set price tag, so determining their value requires a specific legal analysis. A York, SC personal injury lawyer will examine all the facts of your case and help you to fight for compensation.
Insurance adjusters look at the severity of your injuries and the length of your recovery to decide how to calculate your pain and suffering.
They often use formulas such as the multiplier method or a daily rate to arrive at a starting number.
Knowing how to calculate pain and suffering helps you set realistic expectations for your case. Hunter | Everage works to ensure that your total recovery reflects the true hardship you have endured.
What Counts as Pain and Suffering Under South Carolina Law?
Pain and suffering fall under the legal category of non-economic damages – intangible losses that affect your quality of life but are not straightforward to quantify. Pain and suffering iinclude
Physical and Sensory Pain
The most direct form of this claim is the physical discomfort caused by the accident and the medical procedures that follow. This includes acute pain from fractures or lacerations as well as chronic pain that persists for months or years.
Mental and Emotional Anguish
South Carolina law allows recovery for the psychological toll of an injury. This includes emotional distress, anxiety, depression, and post-traumatic stress disorder (PTSD). If an accident leaves you with a persistent fear of driving or recurring nightmares, these are compensable losses.
Permanent Effects and Disfigurement
Disfigurement includes visible scarring or the loss of a limb, which can lead to humiliation and a loss of self-confidence. Physical impairment refers to lasting disabilities that prevent you from performing daily tasks, such as dressing yourself or caring for your family.
Social and Relational Losses
Your injuries often affect those closest to you. South Carolina recognizes “loss of consortium,” which is a claim typically brought for the negative impact an injury has on a marriage. This covers the loss of companionship, affection, and support.
How Is Pain and Suffering Calculated? Common Methods Used
In the South Carolina Code of Laws, two primary mathematical approaches are used to find a starting point for negotiations:
1. The Multiplier Method
The multiplier method is the most common way to calculate pain and suffering. An attorney or insurance adjuster first totals all economic damages, such as medical bills and lost wages. They then multiply that total by a number, typically between 1.5 and 5.
A higher multiplier is selected for more severe or permanent injuries. For example, a minor injury might use a 1.5 multiplier, while a catastrophic injury resulting in long-term disability might use a 5.
2. The Per Diem Method
The per diem method assigns a specific daily dollar amount to the victim’s pain. This daily rate is then multiplied by the number of days the person suffered before reaching maximum medical improvement. The daily rate is based on the victim’s actual daily earnings. If an injury results in 100 days of pain and the assigned rate is $200 per day, the personal injury pain and suffering calculator would estimate the value at $20,000.
Factors That Increase Pain and Suffering Compensation
Certain variables can justify a higher multiplier or a larger per diem rate. South Carolina juries and adjusters look for:
- Severity of the Injury: Broken bones or traumatic brain injuries typically result in higher awards than soft tissue strains.
- Duration of Recovery: A recovery period spanning years carries more weight than one lasting weeks.
- Impact on Daily Life: If you can no longer perform basic tasks or care for children, the value of the claim increases.
- The Degree of Fault: South Carolina follows a modified comparative negligence rule. If the other party is 100% at fault, it often strengthens your position for more serious non-economic damages.
Medical Documentation and Daily Impact Evidence
To prove non-economic losses, you must provide objective evidence that links your physical injuries to your daily limitations. Insurance adjusters and juries rely on consistent records to verify the extent of your distress.
Clinical Records and Consistency
The foundation of your claim rests on your medical files, such as emergency room records, diagnostic imaging, and physical therapy notes. If you skip appointments or stop treatment early, insurance companies will argue that your pain is manageable or nonexistent. Consistent treatment creates a paper trail of your recovery progress and the physical discomfort you reported to professionals.
Personal Pain Journals
Documenting your pain levels and specific activities you can no longer perform provides a narrative for your claim. Note if you were unable to sleep, missed a child’s sporting event, or required help with basic household chores. These entries help transform abstract “pain and suffering” into concrete examples of how the injury changed your life.
External Testimony
Statements from family, friends, or coworkers provide a third-party perspective on your mental anguish and physical restrictions, making it harder for adjusters to dismiss your claims as exaggerated.
How Insurance Companies Try to Minimize Pain and Suffering Claims
Insurance companies focus on protecting their profits by paying as little as possible for non-economic damages. Adjusters often use specialized software to generate a low initial offer. This technology frequently ignores the human element of an injury and relies on rigid data points that undervalue physical pain and emotional distress.
One common strategy is the quick settlement offer. Adjusters may contact you shortly after an accident while you are still in shock, hoping you will sign a release in exchange for a small check. Once you accept this money, you lose the right to ask for more, even if your pain persists for years.
Insurers also look for ways to shift blame onto you. South Carolina follows a modified comparative negligence rule under S.C. Code § 15-38-15. If an adjuster can argue that you were even partially responsible for the accident, they can legally reduce your payout.
Surveillance is another tactic used to discredit your claim. Insurance companies might monitor your social media accounts or hire private investigators to watch you, using their observations to argue that your injuries are not as severe as you claim.
Contact an Experienced York, SC Personal Injury Lawyer
Calculating the true value of your case requires an understanding of South Carolina legal precedents and the local court. Hunter | Everage represents injured individuals throughout York County.
If you have questions about how pain and suffering are calculated in your specific situation, contact our office at 704-377-9157 to request a free consultation.