A serious accident can cause a victim to experience terrible pain and suffering. Through a personal injury claim in South Carolina, you have the right to pursue compensation for pain and suffering and other non-economic damages. This raises an important question: “How do you calculate pain and suffering?” The short answer is that there is no fixed standard under the law. Instead, pain and suffering are calculated on a case-by-case basis with careful consideration for the severity of the injury and the trauma the victim endured. Here, our Lexington personal injury attorney explains how pain and suffering is calculated in a personal injury claim in South Carolina.
An Overview of Pain and Suffering Damages
The Legal Information Institute explains that pain and suffering is a comprehensive term that is used to include both physical pain and mental/emotional discomfort. These damages compensate an injured person for physical pain, emotional distress, mental anguish, functional loss, and disruption to daily life.
South Carolina courts recognize that physical injuries affect far more than bodily function. They change sleep, mobility, relationships, work capacity, mood, and the ability to engage in activities that once felt effortless. Notably, pain and suffering damages also include future non-economic harm. Long-term pain, permanent limitations, and psychological trauma can extend for years.
Know the Standard for Calculating Pain and Suffering in South Carolina
Here is a key point to know about pain and suffering and personal injury law in South Carolina: Non-economic damages do not have a statutory formula. Instead, our state leaves the calculation to the fact-finder, whether the decision maker is an insurance adjuster, judge, or jury. Because every person experiences pain differently, the law focuses on evidence. That evidence includes medical records, physician opinions, photographs, testimony from the victim, statements from family members, and documentation of how life changed after the accident. Some of the evidence that is used to calculate pain and suffering in a personal injury case includes:
- The Nature and Severity of the Physical Injury: More severe injuries typically support higher non-economic awards. Traumatic brain injuries, spinal injuries, fractures, burns, and injuries requiring surgery often produce long-lasting pain. Medical records are essential.
- The Duration of Symptoms and Long-Term Prognosis: Temporary pain differs from chronic pain. South Carolina allows compensation for both. Long-term physical limitations, ongoing therapy, permanent scarring, and functional loss significantly influence valuation.
- The Impact on Daily Life and Ability to Function: Pain affects more than anatomy. In South Carolina, courts consider the loss of hobbies, reduced social engagement, inability to perform household tasks, and disruptions to family life.
- The Emotional and Psychological Harm: Anxiety, depression, sleep disruption, fear of driving, or post-traumatic stress can accompany physical injuries. South Carolina recognizes these conditions as part of pain and suffering when supported by credible evidence.
- Credibility of Testimony (Victim and Witnesses): Testimony matters. Consistent descriptions of pain over time carry weight. Clear, honest descriptions of limitations create a strong foundation for compensation. Inconsistencies can undermine pain and suffering.
- Comparative Negligence: South Carolina follows modified comparative negligence. If the injured person is partly at fault, the final award decreases by their percentage of fault. If the fault exceeds 50 percent, recovery is barred. Pain and suffering are affected by this same rule. For example, imagine that you are found to be 20 percent at fault for your own car accident in Lexington. You would be responsible for 20 percent of your own pain and suffering.
What is a Fair Settlement for Pain and Suffering?
It depends. There is no one-size-fits-all value for calculating the value of pain and suffering in a South Carolina personal injury claim. You deserve a fair settlement. That should be one that truly reflects the full scope of the harm (both physical and emotional) that you endured in an accident caused by negligence. Indeed, your personal injury settlement should account for current pain and future suffering. It also considers the impact on daily life, long-term limitations, and any permanent changes to bodily function or mental health. Remember, there is no statutory formula for determining the value of pain and suffering in South Carolina. As such, insurers often use internal models such as severity tiers, medical treatment indicators, or comparisons to similar claims.
A fair settlement emerges when the evidence fully captures the victim’s lived reality. Strong medical records, photographs of injuries, testimony from treating physicians, and statements from friends or family members often shift negotiations. These materials show how life has changed, not just how the injury appears on paper. A top-rated Lexington, SC personal injury attorney can represent you in settlement negotiations. A key point to know is that insurance companies are not on your side. They fight hard to pay out as little as possible in settlement, especially for non-economic damages such as pain and suffering. Do not let an insurance company undervalue your pain and suffering.
Why Trust Our Lexington Personal Injury Lawyer for Pain and Suffering
Hurt in a serious accident in Lexington? You have the right to seek compensation for the full extent of your damages, including your pain and suffering. At Smith & Jones Law, LLC, we have results that injured victims can rely on when it matters most. Your initial case review with our Lexington personal injury attorney is free, completely confidential, and with zero further obligations. We have a law office in the 29072 zip code of Lexington, and we are proud to fight for justice for people and families throughout the entire region, including in 29071.
Contact Our Lexington Personal Injury Attorney for a Free Case Review
At Smith & Jones Law, LLC, our Lexington personal injury attorney is a strong, aggressive advocate for justice. If you have any questions about recovering compensation for pain and suffering, we can help. Call us now or contact us online for a free consultation. With an office in Lexington, we represent victims throughout the region, including in the zip codes of 29071 and 29072.