When someone suffers injuries due to another person’s negligence, the law provides a path to recover compensation. While medical bills and lost wages have precise dollar amounts attached, the physical pain and emotional distress victims endure cannot be calculated as easily. These non-economic losses fall under what South Carolina law recognizes as damages for pain and suffering.
At Briggs Law Group, our personal injury attorneys represent injured clients throughout Charleston and the surrounding areas. We work to ensure that every aspect of your injury receives proper compensation, including the less tangible but equally important elements of pain and suffering. This guide explains what these damages include, how courts in South Carolina evaluate them, and what you should know when pursuing a personal injury claim.
What Pain and Suffering Damages Actually Mean
Pain and suffering compensation covers the physical discomfort and emotional distress that result from an injury. Unlike economic damages that reimburse specific financial losses, these damages acknowledge the human cost of an accident. South Carolina courts recognize that victims deserve compensation not just for their bills, but for how the injury has diminished their quality of life.
Physical pain includes the actual bodily discomfort experienced from the injury itself and during recovery. This covers everything from the immediate agony following an accident to chronic pain that persists months or years later. A broken bone causes intense initial pain, but the aching during rehabilitation and potential lifelong discomfort also factor into the calculation.
Emotional suffering encompasses the psychological impact of the injury. Anxiety, depression, loss of enjoyment in life, and mental anguish all qualify. A person who once loved outdoor activities but can no longer participate due to injuries suffers a real loss. Someone who develops post-traumatic stress after a severe car accident faces genuine emotional harm that deserves recognition.
How South Carolina Law Addresses These Damages
South Carolina follows common law principles when it comes to personal injury, pain and suffering. The state does not impose caps or limits on non-economic damages in most personal injury cases, giving juries broad discretion to award appropriate compensation. This differs from some states that restrict pain and suffering awards, making South Carolina a jurisdiction where victims can potentially receive full compensation for their non-economic losses.
The legal standard requires that pain and suffering damages be reasonably related to the injury sustained. Courts in Charleston and throughout the state expect plaintiffs to demonstrate the extent of their suffering through credible evidence. South Carolina law does not provide a specific formula; instead, it allows juries to use their judgment after considering all relevant factors.
One important aspect of South Carolina personal injury law involves comparative negligence. If the injured party shares some fault for the accident, their compensation is reduced proportionally. For example, if a jury finds you 20 percent responsible for a collision, your pain and suffering award decreases by that same percentage. This rule applies to all damages, including non-economic losses.
Types of Harm That Qualify for Compensation
Personal injury pain and suffering involve various forms of harm:
- Physical pain from the injury itself and subsequent medical treatments, including surgeries, physical therapy, and ongoing medical care
- Emotional distress, such as anxiety, depression, fear, and mental anguish, develops after the traumatic event
- Loss of enjoyment of life when injuries prevent participation in activities, hobbies, sports, or social gatherings previously enjoyed
- Disfigurement or scarring that causes psychological distress and affects self-esteem and social interactions
The severity and duration of these harms directly influence the compensation amount. Temporary pain that resolves completely within weeks warrants less compensation than chronic pain that will continue indefinitely. Permanent scarring on visible areas of the body typically justifies higher awards than scars hidden beneath clothing.
Proving Your Pain and Suffering
South Carolina courts require actual evidence to support claims for damages for pain and suffering. Your word alone, while important, needs corroboration. Medical records provide the foundation by documenting your injuries, treatments, and prognosis. Doctors’ notes describing your pain levels, limitations, and expected recovery timeline carry significant weight.
Testimony from medical experts helps juries comprehend the full scope of your suffering. A physician can explain why certain injuries cause lasting pain or how trauma affects mental health. Mental health professionals can testify about emotional distress, anxiety disorders, or depression stemming from the accident.
Personal testimony matters too. Your own account of how the injury has affected daily life, relationships, and emotional well-being gives the jury real insight. Family members and friends can describe changes they have observed in your behavior, mood, and capabilities since the accident.
Photographic evidence showing visible injuries, scars, or the accident scene itself creates powerful visual proof. Videos demonstrating your limitations or struggles with basic tasks can effectively communicate your suffering in ways that words sometimes cannot.
Calculating Pain and Suffering Awards
No precise formula exists for calculating pain and suffering compensation in South Carolina. Instead, juries and insurance adjusters use various methods to reach a reasonable figure. One common approach involves taking your total economic losses and applying a multiplication factor that typically ranges from 1.5 to 5 based on how severe your injuries are. Cases involving more serious harm with long-term consequences justify using higher multiplication factors.
The per diem approach assigns a daily value to your suffering and multiplies it by the number of days you experience pain. This method works better for injuries with clear recovery timelines. Catastrophic injuries requiring permanent lifestyle changes often justify larger awards that reflect a lifetime of diminished quality of life.
Several factors influence the final amount:
- Severity and permanence of injuries, with catastrophic harm warranting substantially higher compensation than temporary injuries
- Impact on daily activities and whether you can return to work, participate in family life, or engage in previously enjoyed activities
- Age of the victim, as younger individuals face more years living with the consequences of their injuries
- Quality of evidence presented, including medical documentation, expert testimony, and credible personal accounts
Areas We Serve in Charleston and Beyond
Briggs Law Group proudly represents personal injury victims throughout the Charleston area, including these zip codes: 29401, 29403, 29405, 29407, 29409, 29412, 29414, 29418, 29420, 29424, and 29425.
Moving Forward with Your Claim
If you have suffered injuries due to someone else’s negligence, you deserve compensation for every aspect of your harm. Contact Briggs Law Group today to discuss your case and learn how we can help you pursue the pain and suffering compensation you deserve.