When you’re injured in an automobile accident in South Carolina, you are entitled to fair compensation for all your losses, both financial and non-financial. Like financial damages, non-financial ones can fall into several categories, including “pain and suffering.”
What exactly does “pain and suffering” mean in a personal injury case? How do you place a dollar amount on harm caused to you that can’t be easily quantified? While you should discuss this matter with a Florence, SC personal injury lawyer, there are some things you should know before your consultation.
What is classified as pain and suffering?
Pain and suffering are general terms that explain several non-monetary harm forms. In most cases, “pain” refers to the physical pain you’ve experienced from an accident. At the same time, “suffering” describes the psychological effect the accident has had on you, including PTSD, anxiety, and depression.
The emotional effects of having permanent scars or deformities can also be classified as pain and suffering. These effects can be temporary or long-term and can profoundly affect your life. Everyone will have a different experience regarding the pain and suffering they experience after an accident. It means you’ll have to present substantial evidence to ensure you get the most compensation possible.
How to prove pain and suffering
To prove that you experienced pain and suffering as a result of an accident and verify that you will continue to experience pain in the future, you’ll need to provide proof from your doctor concerning your injuries. You can also receive a report from your physical therapist or psychiatrist to prove that you are also experiencing mental anguish from your accident. These medical reports can also prove that you need ongoing care to treat your mental and physical injuries.
As the victim of an accident, you can take some important steps to prove the effects of pain and suffering. First, keep a daily journal to record the ways that pain and suffering affect your daily life. Next, describe your pain level on a scale of 1 to 10 and write down the activities you can no longer perform because of your injuries. It will provide more important information that your lawyer can present in court on your behalf.
How pain and suffering is calculated in South Carolina
To place a dollar amount on pain and suffering for car accident victims, juries and judges in South Carolina consider several factors that they use to determine the plaintiff’s financial and personal circumstances. Factors include the age of the victim, as well as the victim’s state of health before the accident. The judge and jury will also consider the victim’s medical needs and physical injuries and how long it will take the victim to recover from their injuries.
Your lawyer will also need evidence to determine how serious your medical needs are since the extent of your treatment will determine how expensive your medical bills will be. If your daily activities are limited or you’re unable to engage in activities you once enjoyed, such as exercising or traveling, this will be taken into consideration as well.
There is no single factor that will determine the outcome of your case. However, some factors will hold more weight in court than others, depending on the nature of your case. To make sure you get the fairest settlement possible, document your injuries as accurately as possible and make the long-term effects of your injuries as clear as possible to your attorney.
If you’ve been injured in an accident in South Carolina, an injury lawyer in your state can help you establish a case. It’s best to have a lawyer on your side to represent you when you’re negotiating with insurance companies to ensure that you receive the settlement you need to cover your medical expenses and other damages related to the accident. An experienced attorney can review all the specifics of your case and help you receive fair compensation for your pain and suffering.
Story by Mark Scott. With a law degree under his belt and years of experience, Scott set off to make the law more accessible to all. He decided to help people lost in the maze of legal terminology to find their way. Mark writes clear and concise pieces and gives simple advice that is easy to follow. On account of positive feedback from readers, he decided to dedicate more of his time to this goal and became a legal columnist. In his writings, Mark covers a wide array of topics, like how to seek legal counsel, or how to deal with different procedures. Furthermore, he directs his readers toward other trustworthy resources for more in-depth information.
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