When you’re injured in an accident, the immediate focus is often on treating physical injuries—broken bones, cuts, or surgeries. But what many don’t realize is that the emotional toll can be just as all-consuming.
Pain and suffering claims go beyond medical bills and lost wages. They address the real human experiences that come after an injury—the sleepless nights, missed moments with loved ones, and constant stress about what’s next.
When discussing pain and suffering compensation, it’s important to consider how these damages are calculated and what you, as a victim, can expect in terms of a settlement.
Unlike economic damages, which cover medical bills and lost wages, pain and suffering settlements are not easily quantified. They require a nuanced approach that considers the severity of your pain, the duration of your recovery, and how the injuries have impacted your daily life and emotional well-being.
What Qualifies as Pain and Suffering in South Carolina?
Pain and suffering refer to the physical discomfort and emotional distress that a person endures as a result of an injury.
Physical pain includes the discomfort you feel from your injuries, whether it’s chronic pain that lingers for months or sharp, intense pain immediately after the accident.
On the other hand, the emotional aspect includes any emotional discomfort that develops after a traumatic event, including (but not limited to):
- Anxiety
- Fear
- Depression
- PTSD
The law recognizes that these experiences are intensely personal and subjective. What one person might overcome relatively quickly, another may struggle with indefinitely. This understanding shapes how pain and suffering are evaluated, ensuring that each individual’s unique experience is considered when seeking justice and compensation.
How Are Pain and Suffering Settlements Calculated in Personal Injury Cases?
Placing a value on someone’s pain and suffering after an accident can be difficult, as there’s no exact formula for determining these damages. There is no pain and suffering calculator, and there is no set market price for pain and suffering in personal injury cases because they can’t be objectively measured.
However, several factors are considered when calculating pain and suffering compensation:
- The type of injuries sustained
- The cost and type of medications prescribed
- The permanence of the injuries
- The severity of physical injuries
- The need for ongoing medical attention
- The length of recovery time
- How the injuries affect daily activities
- How the injuries impact quality time with family
- The overall evidence presented in the case
Though there’s no exact formula, there are two common approaches to calculating non-economic damages, like pain and suffering. These approaches are:
- The “Multiplier Method”: Takes the total of your economic damages (such as medical bills, property damage, and lost wages) and multiplies it by a number between 1.5 and 5, depending on the severity of your case.
- The “Per Diem” Approach: Assigns a daily rate to the pain and suffering you have endured. It is then multiplied by the number of days between the injury and the end of your treatment. This figure is also determined based on the same factors mentioned above.
Evidence That Can Support Pain and Suffering Claims
When it comes to pain and suffering claims, having solid evidence can make all the difference in getting compensation. You can support your claim with:
- Medical Records: Your medical documents are the foundation of your claim. They should detail everything from the initial diagnosis to the treatment plan, and ongoing medical assessments.
- Statements From Healthcare Providers: These can provide insights into the severity of your injuries and the expected recovery process.
- Personal Pain Diary Entries: Keeping a daily log of your pain levels and emotional state can offer a window into how the injuries have disrupted your day-to-day life. Include notes on activities you can no longer enjoy, sleep disturbances, and changes in your mood or behavior.
- Psychological Evaluations: If you’ve sought therapy or counseling due to emotional distress caused by your injury, include records of these sessions. Mental health struggles are all valid components of pain and suffering, and documenting your treatment shows the seriousness of your experience.
Contact an Experienced York Personal Injury Lawyer
The emotional and psychological toll of an injury can leave you feeling desperate and dejected.
When you’re hurting, it’s hard to know where to turn. That’s why we emphasize the importance of getting prompt medical treatment as your first step toward recovery. Your health should always come first.
The sooner you receive care, the clearer the link between your injury and the accident becomes, making it easier to pursue pain and suffering compensation. Once you’re in the doctor’s safe hands, our personal injury attorneys in York can handle the rest.
After an injury, know that it’s normal to feel overwhelmed, unsure of where to start, and like the odds are stacked against you. At Hunter | Everage, we represent the hardworking, struggling, everyday people who are simply trying to rebuild their lives after a devastating accident.
With over 35 years of combined experience in personal injury, workers’ compensation, and Social Security disability, we’ve built a trusted reputation for helping people just like you.
As a Black-owned business, we pride ourselves on standing up for the little guy. We’ve seen firsthand how difficult the legal system can be to navigate when you’re already struggling. That’s why we’re dedicated to providing compassionate, personalized legal help.
Contact our personal injury attorneys in York at 704-377-9157 for a free consultation. When you’re hurting, you need someone you can trust. Let us fight for your pain and suffering settlement and give you the support you need to move forward.