When you’re hurt in an accident, the physical injuries are just one part of the story. There is also the emotional toll, such as pain, stress, sleepless nights, and the frustration of seeing your daily life turned upside down. In legal terms, these impacts are referred to as pain and suffering.
But how to calculate pain and suffering in SC? Unlike medical bills or lost wages, pain and suffering are subjective. However, there is a way to calculate it when seeking damages. Here is what you can expect if you have been injured.
What Is Pain and Suffering?
Before the calculations, what exactly is pain and suffering? This can include both the physical and emotional effects of an injury. It is not about the immediate pain from a broken bone or burn. This also covers the stress, anxiety, and disruption to your daily life caused by your injury.
In South Carolina, this can include:
- Physical pain from your injuries
- Emotional distress, such as depression or anxiety, triggered by the accident
- Interference with your normal daily activities, work, or hobbies
- Loss of enjoyment of life or ability to participate in family or social activities
These damages are real and compensable. And you have a right to seek compensation under the law.
What Factors Can Influence Pain and Suffering Calculations?
Since pain and suffering are subjective, there are several factors that come into play when calculating their value. The severity and duration of your injury are the most important aspects.
Remember, more serious injuries require surgery, long-term care, or result in permanent disability. In turn, that usually leads to higher pain and suffering awards.
The impact on your daily life is another factor. If your injury prevents you from working, pursuing hobbies, or enjoying family time, these losses contribute to the value of your claim. Emotional and psychological effects, such as anxiety or depression, are considered as well.
Your age, lifestyle, and overall health may also affect calculations. A younger or more active individual who loses mobility or function may receive a higher award than someone whose lifestyle is less impacted.
The Methods for Calculating Pain and Suffering
There is no single formula for calculating pain and suffering, but two common methods are used in South Carolina:
The Multiplier Method
This involves multiplying your economic damages, such as medical bills, lost wages, and related costs, by a number typically between 1.5 and 5. The severity of the injury and its long-term impact are all taken into account when determining the multiplier.
For example, if you have $25,000 in medical bills and lost wages and the injury is moderate, a multiplier of 2 would put your pain and suffering claim at $50,000.
The Per Diem Method
The per diem method gives a daily dollar amount to your suffering. Then, it multiplies that by the number of days you experienced pain or lifestyle disruption. For instance, if you assign $100 per day for 180 days of recovery, the total pain and suffering claim would be $18,000.
Documentation Is Very Important
Even though pain and suffering are subjective, you still need evidence for your claim. You want to keep detailed records of your recovery, medical treatments, therapy sessions, and emotional challenges. All that can help to strengthen your case. Some documentation may include:
- Medical records and bills
- Notes from mental health professionals
- Personal journals or logs describing pain, mood changes, or daily struggles
- Statements from friends, family, or coworkers describing how your injury affected your life
Strong documentation helps insurance companies and courts know the full impact of your injuries.
Calculate Your Pain and Suffering with Help from a Skilled Legal Team
How to calculate pain and suffering in SC? There are several methods, but the most important factor is having thorough documentation. Along with that, working with an experienced South Carolina personal injury lawyer can make sure your claim reflects the full extent of your hardship.
At Truslow & Truslow, PA, we can assist accident victims throughout the legal process and secure compensation that covers both tangible and intangible losses. If you’ve been injured in South Carolina, reach out to us today for a consultation.