If you’ve been injured in an accident caused by someone else’s negligence, you may be aware that you can recover damages for medical expenses, lost income, and property damage; however, the emotional and physical impact of an injury can also be significant. In legal terms, this is commonly referred to as pain and suffering, a category of non-economic damages. These damages are invisible, but are often the most devastating after a crash.
In South Carolina, as in many states, “pain and suffering” is an important part of a personal injury claim, yet it’s often misunderstood. People often don’t fully understand what it includes, how the value of the harm is calculated, or how to effectively pursue claims for non-economic damages.
This guide will help you break down the concept of non-economic damages, including pain and suffering, in personal injury cases, with special focus on how an injury attorney in Charleston can help you maximize your compensation.
What Are Non-Economic Damages?
“Pain and suffering” is only one type of non-economic damage. There are several others types of non-economic damages that can be awarded in personal injury cases. Unlike medical bills or lost wages (which are economic damages because they have a fixed dollar amount attached to them), non-economic damages are intended to compensate a person for the physical pain, limitations, loss of enjoyment of life, stress, anxiety, worry, burden, inconvenience, emotional distress, and mental anguish caused by the negligence of another. Below are just a few examples:
1. Physical Pain and Discomfort
Pain and suffering can include both short and long-term physical sensation of pain caused by an injury.
- Emotional and Psychological Trauma
Injuries can take a serious toll on mental health. Victims may experience anxiety, depression, or post-traumatic stress disorder (PTSD). For example, someone injured in a car crash might suffer panic attacks when trying to drive again.
3. Loss of Enjoyment of Life
When an injury takes away the ability to do the things you love, that loss can be devastating. This might mean no longer being able to run, travel, play with your kids, or participate in hobbies like gardening, painting, or sports. Even day-to-day activities can feel out of reach when pain or disability interferes. This type of damage is different than the physical sensation of pain, it changes the way you interact with the world due to harm that has been unnaturally thrust into your life.
4. Loss of Consortium
Loss of consortium refers to the impact an injury has on a victim’s relationship with their spouse or close family members. This can include the loss of companionship, emotional support, affection, and even intimacy.
How is the value of non-economic damages determined?
1. Severity of Injuries
Generally, the more severe or permanent the injury, the higher the value of a pain and suffering claim. Injuries that involve long-term pain, disfigurement, or disability often lead to greater emotional and physical distress, which can increase the amount of compensation awarded.
- Duration of Recovery
The duration of your condition matters. A painful injury that lasts for years or permanently affects your daily life is valued greater than a smaller injury that heals in a few weeks or months. Naturally, the longer the harm lasts, the worse it is.
- Medical Evidence
Clear medical records that document your injuries, treatment, and ongoing symptoms help corroborate injury claims. Photos, prescription history, therapy notes, and doctor reports can all support the seriousness of your condition and its impact on your life.
4. Legal Representation
Having a Charleston personal injury attorney can make a major difference in the value of your pain and suffering claim. An experienced attorney knows how to build your case, ensure that your pain is documented, and present that evidence to the insurance company to negotiate in a way that highlights your suffering and its impact on your life. Without strong legal advocacy, many victims settle for far less than they deserve.
Frequently Asked Questions About Pain and Suffering
Can I claim “pain and suffering” without a physical injury?
South Carolina law typically requires a tangible physical injury as the foundation for a personal injury claim. Pain and suffering damages, being noneconomic, are meant to compensate for the emotional and physical effects of that injury. If there is no physical harm, the legal basis for claiming pain and suffering becomes much more limited. There are a few specific situations where someone might recover for emotional distress without a physical injury, but these are rare and legally complex.
Is there a cap on “pain and suffering damages” in South Carolina?
No. In South Carolina, there is no general cap on noneconomic damages in most personal injury cases (such as car accidents). However, there are caps on damages in certain types of cases and certain claims, which is why it is important to consult with a South Carolina personal injury attorney early to fully understand your rights.
How Can an Injury Attorney in South Carolina Help prove Pain and Suffering?
If you’ve been injured in South Carolina, hiring a personal injury attorney can make all the difference.
From the start, your lawyer will help you understand your rights, handle all communication with the insurance company, and protect you from being pressured into an unfair settlement. They’ll gather critical evidence like medical records, accident reports, and witness statements to build a strong case on your behalf. More importantly, they’ll work to calculate the full value of your claim, including medical bills, lost income, pain and suffering, and emotional distress.
At Bringardner Injury Law Firm, we take our clients’ pain and suffering seriously— because we’ve seen firsthand what our clients go through. Our team has helped countless South Carolina injury victims recover the compensation they need to heal physically, emotionally, and psychologically.
Let our team help you get the justice and peace of mind you deserve. Contact Bringardner Injury Law Firm today for a consultation.
