Key Takeaways
- Pain and suffering damages cover physical pain and emotional distress — not medical bills or lost wages.
- Common examples include chronic pain, scarring, PTSD, depression, and loss of enjoyment of life.
- South Carolina often uses the multiplier method or per diem method to calculate these damages.
- Strong evidence — medical records, testimony, and a pain journal — increases your chance of full compensation.
- An experienced lawyer can help you maximize your claim and fight insurance company tactics.
Quick FAQ
What counts as pain and suffering in South Carolina?
It includes both physical pain (chronic pain, disability, scarring) and emotional distress (PTSD, anxiety, depression, loss of enjoyment).
How do you calculate pain and suffering damages?
Insurers and courts may use the multiplier method (economic damages × severity factor) or the per diem method (daily rate × recovery time).
Is there a cap on pain and suffering damages in South Carolina?
Yes, in medical malpractice cases South Carolina caps non-economic damages. In other personal injury cases (like car accidents), there is no general cap.
What Is Pain and Suffering?
After an accident, your losses go beyond medical bills and property damage. According to the American Bar Association, Pain and suffering damages are designed to compensate you for:
- Physical pain: chronic discomfort, disability, disfigurement, or loss of mobility.
- Emotional distress: anxiety, depression, PTSD, mood changes, or loss of enjoyment of life.
These damages are considered non-economic, meaning they are not tied to exact dollar amounts like hospital bills, but instead reflect the human cost of your injuries.
FAQ: Can I claim pain and suffering damages if my injuries are “minor”?
Yes, even minor injuries from car accidents can justify pain and suffering damages if they cause ongoing discomfort, anxiety, or interfere with your normal activities.
Examples of Pain and Suffering
Pain and suffering damages are broad and often unique to each victim. They include:
- Long-term disability or impairment that changes daily routines
- Permanent scarring, burns, or disfigurement
- Ongoing pain from surgeries or medical treatments
- Depression, anxiety, or PTSD after the accident
- Sleep problems, appetite changes, or mood swings
- Losing the ability to enjoy hobbies, sports, or social life
These examples highlight why pain and suffering can be one of the largest components of a settlement.
FAQ: Can family members testify about my pain and suffering?
Yes. Testimony from spouses, children, or friends about how your injuries changed your personality, mood, or daily abilities can strengthen your case.
How Pain and Suffering Damages Are Calculated
South Carolina does not use a single formula, but two common methods are:
1. The Multiplier Method
- Add up economic damages (medical bills, lost wages).
- Multiply by a number (usually 1.5 to 5) depending on injury severity.
- Example: $100,000 in medical bills × 3 = $300,000 in pain and suffering damages.
2. The Per Diem Method
- Assign a daily value to your pain (e.g., $200/day).
- Multiply by the number of recovery days.
- Example: $200 × 180 days = $36,000.
Insurance companies often push for lower multipliers or daily rates, but attorneys can argue for higher values based on your evidence and medical records.
FAQ: Can the court award more than the insurance company offers for pain and suffering?
Yes. If your case goes to trial, a jury in South Carolina can award significantly higher pain and suffering damages than an insurer initially offered.
Adjustments to Pain and Suffering Calculations
Even after using the multiplier or per diem method, adjustments often affect the final value of pain and suffering damages in South Carolina. Courts and insurance companies look at several factors that can raise or lower the amount you may receive:
- Permanent effects – Disabilities, amputations, scarring, or disfigurement usually increase the value of a claim.
- Length of recovery – A longer recovery period justifies higher compensation.
- Consistency of medical evidence – Your diagnosis, treatment, and claims must align to be credible.
- Credibility and likability of the plaintiff – Juries are more likely to award higher damages when they believe and relate to the injured person.
- Criminal history – A criminal record may reduce credibility, which can lower awards.
- Medical support – Strong medical documentation and expert testimony strengthen the case and help justify higher damages.
These adjustments are why two people with similar injuries may receive very different settlement amounts. Having an attorney argue for the factors in your favor is critical to getting full value.
FAQ: Can my pain and suffering claim be reduced if the insurance company questions my credibility?
Yes. If an insurer or jury doubts your credibility, they may lower the value of your claim. This is why consistent medical treatment, a clear pain journal, and strong legal representation are essential.
Evidence That Strengthens a Pain and Suffering Claim
Since pain and suffering is subjective, proof is essential. Strong evidence includes:
- Medical records showing diagnosis and treatment
- Therapist or counselor notes documenting emotional distress
- Photographs of injuries and recovery progress
- Pain journal with daily entries about pain levels and limitations
- Witness statements from family, friends, or coworkers
This type of evidence connects your suffering to the accident, making it harder for insurers to undervalue your claim.
FAQ: Is a pain journal really useful in court?
Yes. A daily pain journal shows consistency and credibility — it can help judges and juries understand the full impact of your suffering.
Do I Need a Lawyer for Pain and Suffering Damages?
Because pain and suffering damages are subjective, insurance companies often downplay or dispute them. A personal injury lawyer in South Carolina can:
- Gather medical and psychological evidence
- Work with experts to support your claim
- Negotiate aggressively with insurers
- Take your case to court if necessary
Without legal representation, many accident victims end up accepting low settlements that don’t reflect the true extent of their suffering.
FAQ: Can I negotiate pain and suffering damages on my own?
You can, but insurance companies often use software to undervalue claims. Our lawyers know how to push back and fight for the maximum amount.
Get Help from a South Carolina Personal Injury Lawyer
If you’ve been injured and are dealing with physical pain or emotional distress, you may be entitled to significant compensation. Pain and suffering damages can make up a major part of your personal injury claim.
At Roden Law, we fight for accident victims across South Carolina. We provide free consultations and only get paid if we recover money for you.
📞 Contact Roden Law today to learn the true value of your pain and suffering claim and start pursuing the justice you deserve.