An accident can change your life in an instant, and the effects often extend far beyond what’s immediately visible. While broken bones, medical bills, and a damaged vehicle are clear and easy to document, the emotional and physical toll of an accident isn't always as obvious. Chronic pain, sleepless nights, anxiety, and the loss of your ability to fully enjoy life can have just as much—if not more—impact on your well-being as the visible injuries. So, what happens when the damage isn’t something you can easily show on an X-ray or repair in a body shop? South Carolina law recognizes that pain and suffering are real and deserve fair compensation.

At the Law Office of Kenneth Berger, our personal injury attorney team understands the complexities of proving pain and suffering to receive proper compensation in personal injury claims. With years of experience and a deep commitment to telling our client's stories, we work to demonstrate the full impact an accident has had on your life to secure a fair settlement, allowing you to focus on healing and moving forward confidently.

What are Pain and Suffering Damages?Man Holding His Head In His Hands in Pain

Pain and suffering damages refer to the physical and emotional distress accident victims endure as a result of their injuries, categorized as non-economic damages because they lack a fixed dollar value. Non-economic damages, as defined by South Carolina law, include:

  • Inconvenience
  • Physical impairment
  • Disfigurement
  • Mental anguish
  • Emotional distress
  • Loss of society and companionship
  • Loss of consortium
  • Injury to reputation

How Do You Prove Pain and Suffering Damages?

Pain and suffering are deeply personal and subjective experiences. There’s no simple price tag for the chronic back pain you might endure after a car accident, the sleepless nights caused by anxiety, or the loss of enjoyment of life from being unable to participate in activities you once loved. While proving these damages isn’t impossible, it requires a thorough and strategic approach. Some types of evidence that can be used to prove pain and suffering, and define fair compensation, include:

  • Medical records: Notes from treatments that document physical pain, prescriptions taken for the injury, and photographs of the injury.
  • Expert testimonies: Information and insights from medical and mental health professionals.
  • Personal records: Documentation about your personal progress throughout treatment, as well as anything before the accident. After a catastrophic injury, we will often ask clients to journal or make notes about the emotional and physical changes they are experiencing throughout the healing process.
  • Witness testimonies: Documentation and statements from friends, family and anyone else who have witnessed you before and/or after your accident.

Building a thorough and compelling collection of evidence is essential to effectively convey the full extent of your pain and suffering to insurance adjusters or, if needed, a jury. This evidence isn’t just about documenting injuries—it’s about telling your story in a way that captures both the physical and emotional toll the accident has had on your life.

How are pain and suffering damages calculated?

This is the “big” question when filing a pain and suffering claim because the value of these claims is not as straightforward. However, there are several methods for how insurance adjusters or courts try to put a monetary value on your injury. These methods often include the multiplier and per diem methods.

Both of these methods, as well as other factors that may influence the compensation for your pain and suffering, are complex and can quickly leave you short on proper compensation. In a case like this, it is helpful to hire an experienced personal injury attorney who can advocate for fair daily rates or multipliers to ensure your pain and suffering are properly compensated.

Our firm does not believe the value of your lost enjoyment of life can be so easily calculated. Instead, we work to understand your story, the daily impact of pain, how your life has changed, and what you can no longer enjoy because of the harm caused by another person or business. We then work to communicate that impact to the insurance company, so they can provide a full, fair recovery for the of your case.

How long do you have to file a pain and suffering claim?

In South Carolina, the statute of limitations for filing a personal injury claim is generally three years for non-governmental defendants and two years for government entities. Missing these deadlines can result in losing your right to compensation. Exceptions, like cases involving minors or delayed discovery of injuries, may extend the timeframe. Since these rules can be complex, it’s crucial to consult a personal injury attorney promptly to ensure your case is filed on time, evidence is preserved, and your rights are protected.

How Our South Carolina Personal Injury Attorneys Can Help

If you’ve endured pain and suffering as a result of an accident, you have the right to seek compensation for the physical and emotional toll it has taken on your life. Unlike visible injuries or property damage, pain and suffering can be harder to quantify, often leading to additional challenges when pursuing the compensation you deserve. However, these challenges should not discourage you from taking action. At the Law Office of Kenneth Berger, our attorneys bring years of experience handling personal injury claims, including those involving pain and suffering damages.

Pain and suffering can be life-altering and, therefore, deserving of recognition even if the damages aren’t immediately visible. Our team is here to provide answers and guidance during this difficult time. To set up a free consultation, contact us by calling 803-790-2800 in Columbia, SC or 843-427-2800 in Myrtle Beach, SC, starting a chat below, or filling out a contact form on our website. We look forward to speaking with you and seeing how we can help.

Kenneth Berger
Columbia and Myrtle Beach car accident and personal injury lawyer dedicated to securing justice for clients.
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