Individuals can pursue compensation for actual damages, such as medical bills and lost wages, when they initiate a personal injury claim against a careless party. Although it can be difficult, recovering non-economic damages like pain and suffering in South Carolina is possible.
Recovering damages for pain and suffering can be challenging in many personal injury cases in South Carolina. Proving these intangible losses can be difficult, but it is worth fighting for as these damages can often exceed the financial losses that a victim has suffered. However, not every personal injury case results in pain and suffering, and getting the compensation you are owed can be a tough battle. Therefore, it is crucial to work with our team, which can help you recover the full range of damages you are entitled to.
For a free case review, contact our South Carolina personal injury attorneys at Burriss & Ridgeway at (803) 855-1040.
How Can I Recover Pain and Suffering Damages in South Carolina?
If you have been involved in a personal injury accident in South Carolina, you have a few options to recover compensation for the damages you have incurred. This includes claiming damages for the pain and suffering caused by your injuries. Our Myrtle Beach, SC personal injury lawyers can assess the impact of your recent accident on your mental and emotional well-being and determine if you are eligible to receive compensation for your pain and suffering. Unlike medical expenses and lost wages, pain and suffering damages are non-economic in nature and can be challenging to prove in an insurance claim or lawsuit.
Filing an Insurance Claim
If you’ve been injured in a car accident in South Carolina, you can recover pain and suffering damages by filing a third-party claim against the other driver’s car insurance. South Carolina is a “fault” state for car insurance, which means the at-fault party’s insurance should cover your damages, including medical expenses, lost wages, pain and suffering, and any other damages caused by your injuries. This is preferable to being in a “no-fault” state, which typically prevents victims from recovering pain and suffering damages unless they have serious injuries.
To file an insurance claim, you will need to provide evidence that the other person caused your personal injury. While you can file a claim without legal representation, having an attorney can help maximize the compensation you could recover. Proving pain and suffering can be difficult if your damages are more emotional in nature, and insurance companies will try to reduce your settlement offer.
Negotiating a settlement can be stressful, and insurance companies often make low offers, knowing that most victims desperately need to cover their expenses quickly. Without an attorney, the insurance company will likely have the upper hand during negotiations. Our firm has experience with settlement negotiations and can help you achieve higher settlement offers. If negotiations do not work out, our attorneys can file a lawsuit to recover the compensation you deserve.
Filing a Lawsuit
Although many personal injury cases are resolved through settlement, sometimes it is necessary to take a case to trial. In certain situations, presenting your case in front of a jury might be more advantageous. Juries are composed of regular people who might be more sympathetic toward an injured plaintiff and willing to award a higher amount than what an insurance company would offer.
One significant question that personal injury victims have is whether their pain and suffering damages will be limited if they win their lawsuit. While many states impose a cap on the amount of pain and suffering damages victims can receive, South Carolina is not one of them.
Therefore, you are free to claim as much pain and suffering damages as your case merits. Our lawyers can gather evidence of your pain and suffering to determine an accurate value for your damages.
What is Considered Pain and Suffering in South Carolina Cases?
Seeking compensation for the pain and suffering that arises from injuries or accidents can be a complex task, considering that these damages are not quantifiable in monetary terms. There might be South Carolina residents who are unsure of their eligibility to receive compensation for non-economic damages such as pain and suffering.
If you have been involved in an accident in South Carolina, it is important to consider the emotions you have experienced as a result of it. Have your injuries caused you to feel anxious, depressed, or stressed out? Are you upset because your injuries have made it difficult for you to work, decreased your quality of life, or prevented you from spending time with loved ones and doing activities you once enjoyed? If that is the case, you are likely experiencing pain and suffering.
Even though it is not financial in nature, pain and suffering can be compensated for in a South Carolina personal injury lawsuit. In many instances, individuals who have experienced emotional difficulties as a result of an accident can claim compensation for pain and suffering in South Carolina.
Factors That Can Impact the Pain and Suffering Damages You Recover in South Carolina
When presenting evidence of pain and suffering in front of a jury, it is not always possible to physically display it. In such cases, it has to be explained and described. Various factors are taken into account when assessing compensation for pain and suffering.
Severity of Your Injuries
When you experience an injury, it is crucial to evaluate its seriousness. While a small cut might heal rapidly, a traumatic brain injury might need long-term care and rehabilitation. It’s important to keep in mind that the compensation for pain and suffering might be higher for more severe injuries.
Medical Treatments Required
Pain management might be enough for some injuries, but others might require surgery, assistive devices, or home modifications. The more severe and costly the treatment, the higher the claim’s value.
It is hard to estimate how long it will take for your injury to heal. Sometimes, it will only be a matter of weeks or months, but it can take several months or even years to fully recover in some cases. It is important to remember that a longer recovery usually means a higher compensation for any pain and suffering you might experience.
Impact of Your Injuries
The compensation a victim receives for pain and suffering might vary depending on the severity of their injury and how it affects their daily life. If the injury causes a disability and significant disruptions to their daily activities, the compensation amount might be higher than for those who can fully recover.
Our South Carolina Personal Injury Attorneys Can Help
Call our Hartsville, SC personal injury attorneys at Burriss & Ridgeway at (803) 855-1040 today for a free case evaluation.