Automobile accidents can be traumatic events with lasting physical and psychological effects. In addition to medical expenses and lost wages, victims of accidents may be entitled to compensation for their pain and suffering. Pain and suffering refers to the physical and psychological distress brought on by the accident and the resulting injuries. As part of a personal injury claim, car accident victims in South Carolina may be awarded compensation for pain and suffering.
Types of Suffering and Pain
In a personal injury claim, two types of pain and suffering can be awarded: physical pain and suffering and emotional pain and suffering.
Physical suffering and pain refers to the actual physical discomfort and pain caused by the accident-related injuries. This includes headaches, neck pain, back pain, and any other pain resulting from the accident. Due to the accident, physical pain and suffering can also include permanent disabilities or chronic pain.
Emotional pain and suffering refers to the emotional distress brought on by the accident and its consequences. This can include anxiety, depression, post-traumatic stress disorder (PTSD), and other forms of emotional distress resulting from the accident.
How Suffering and Pain Are Determined
It can be difficult to determine the amount of compensation for pain and suffering because it is subjective and varies from person to person. In South Carolina, there is no set formula for calculating pain and suffering damages, but several factors can be considered, including:
- The severity of the accident-related injuries.
- The time necessary to recover from the injuries.
- The effect of the victim’s injuries on their daily life, including their ability to work and participate in previously enjoyed activities.
- The psychological and emotional distress caused by the accident.
It is crucial to work with an experienced personal injury attorney to determine the appropriate amount of compensation for pain and suffering. They will have an in-depth knowledge of the law and can assist in building a compelling case to ensure that the maximum compensation is awarded.
Limits on Awards for Pain and Suffering
In certain cases, South Carolina limits the amount of damages that can be awarded for pain and suffering. For instance, if the defendant is a government agency or employee, the maximum amount of pain and suffering damages that can be awarded is $300,000 per person or $600,000 per incident. In addition, if the victim is found to be partially responsible for the accident, their pain and suffering compensation may be reduced or eliminated.
Conclusion
Automobile accidents can have lasting effects on a person’s physical and mental health. If you have been injured in a car accident in South Carolina, you may be eligible for pain and suffering compensation. It is essential to work with an experienced South Carolina car wreck attorney who can assist you in determining the appropriate compensation and building a solid case to ensure you receive the compensation you deserve. If you have been injured in a car wreck case in South Carolina, call our firm for a free consultation today.
