After an accident, victims often wonder what their compensation covers, especially when they hear the term pain and suffering. It’s common to assume this phrase includes everything from hospital stays to emotional distress, but under South Carolina law, pain and suffering and medical bills are two distinct types of damages. Understanding that difference is crucial for making sure you recover the full value of your claim.
Below, we explain how these damages work together, how compensation for pain and suffering is calculated, and why having an experienced attorney can make a major difference in what you ultimately receive.
Understanding Pain and Suffering vs. Medical Expenses
In a South Carolina personal injury claim, pain and suffering refers to the non-economic impact of an injury, the physical pain, emotional trauma, anxiety, and loss of enjoyment of life that can’t be measured by receipts.
Your medical bills, on the other hand, are economic damages, actual financial losses that result from your injuries. These include emergency room treatment, surgeries, prescriptions, rehabilitation, and ongoing care.
Put simply, medical expenses compensate you for what you’ve spent, while pain and suffering compensate you for what you’ve endured. Both are critical elements of a fair settlement.
South Carolina does not cap non-economic damages in most personal injury cases. The exception is medical malpractice, where S.C. Code § 15-32-220 limits them to $350,000 per defendant (max $1.05 million total), adjusted annually by the Consumer Price Index. This cap does not apply if the provider was grossly negligent, willful, wanton, reckless, or committed fraud or record destruction.
Types of Damages in South Carolina Personal Injury Claims
Most personal injury settlements or verdicts include three broad categories of compensation:
Economic Damages
Tangible losses with a defined cost, including:
- Medical bills (current and future)
- Lost income and reduced earning capacity
- Property damage
Non-Economic Damages
Intangible losses, such as:
- Physical pain and discomfort
- Emotional distress, anxiety, or depression
- Loss of companionship or enjoyment of life
- Scarring or permanent disability
Punitive Damages
Awarded only in extreme cases of gross negligence or recklessness, meant to punish and deter such behavior. Understanding the distinction between these categories helps you pursue a claim that reflects the full scope of your losses, not just the bills you can show.
How Pain and Suffering Compensation Is Calculated and Influenced
Unlike medical bills, which are straightforward, pain and suffering damages are subjective. Insurers, attorneys, and courts often use two general methods to estimate their value:
The Multiplier Method
The total of your economic damages (like medical bills and lost wages) is multiplied by a number between 1.5 and 5, depending on injury severity and recovery time. For instance, $20,000 in medical costs might result in $60,000 if multiplied by 3.
Per Diem Method
A daily rate is assigned to your suffering (e.g., $200/day) and multiplied by the number of days you experienced pain until you reached maximum medical improvement. If pain lasts 180 days at $200 per day, the total is $36,000. This calculation provides a straightforward way to quantify pain and suffering in personal injury cases.
The actual value depends on several factors, including:
- The extent of your physical injuries.
- Whether your recovery is long-term or permanent.
- The degree of emotional trauma or lifestyle changes.
- The credibility of your medical documentation and witness testimony.
Proving and Strengthening Your Pain and Suffering Claim
To obtain fair compensation for pain and suffering, you must prove the physical and emotional impact of your injuries. Strong evidence can include:
- Medical records and doctor notes on pain/symptoms
- Mental health evaluations (for PTSD, anxiety, etc.)
- Personal journal of daily struggles
- Statements from family/friends about changes in you
- Photos of injuries and recovery
Even with small medical bills, your pain and suffering can be significant and provable.
The Role of Insurance Companies and Comparative Negligence
Insurance companies rarely make fair offers right away. Adjusters are trained to minimize payouts, often undervaluing pain and suffering by focusing solely on medical costs. They may argue that your injuries aren’t as serious or that your recovery was shorter than reported.
South Carolina also follows the rule of comparative negligence under South Carolina Code of Laws § 15-38-15. This means that if you’re found partially at fault for the accident, your total compensation is reduced by your percentage of fault. For example, if you’re 20% at fault and your damages total $100,000, you can recover up to $80,000.
Having a lawyer ensures that your side of the story is properly represented and that the insurance company doesn’t take advantage of these rules to undercut your recovery.
Get Help from a South Carolina Personal Injury Lawyer Today
Medical bills can add up quickly after an accident, but the pain, stress, and life changes that follow can be even more overwhelming. If you’re unsure whether your settlement should include pain and suffering, you don’t have to figure it out alone.
At Stewart Law Offices, SC personal injury attorneys have decades of experience helping injured clients across South Carolina pursue the full compensation they deserve. We know how to prove the impact of your injuries and fight for every dollar you’re owed.
Call us today at 866-783-9278 or contact us online to schedule your free consultation.
