How to Determine Pain and Suffering in a Car Accident Case
If you suffered injuries in a South Carolina car accident, you could be eligible to receive compensation for a wide range of losses. Recovering money for medical treatment and lost wages is a common expectation. These expenses can be calculated fairly easily. But in South Carolina, you can also recover money for pain and suffering. This money is for subjective losses that don’t have an exact dollar amount. An experienced car accident attorney from Wilson Law Group, LLC can help you pursue maximum compensation after a crash, including money for pain and suffering compensation.
Understanding Pain and Suffering in South Carolina
In South Carolina, pain and suffering falls under the category of non-economic damages, compensating victims for the physical discomfort, emotional distress, loss of enjoyment of life, and other intangible losses resulting from an injury or illness they suffered due to another party’s wrongdoing. Since these are subjective experiences, determining their value can be challenging.
Factors Considered in Assessing Pain and Suffering
Several factors can influence the calculation of pain and suffering in a car accident case. These include:
- The severity and permanence of your injuries
- The impact on your ability to enjoy life
- The effects of your injury on your capacity to work
- Your age
- Potential future physical complications
For instance, if a young, active individual becomes paralyzed due to an accident, their pain and suffering settlement may be higher than that of an older individual with the same injuries. An experienced attorney can help you understand what factors could impact your pain and suffering compensation.
How the Insurance Company Calculates Pain and Suffering
Insurance companies do not have a standard method of calculating pain and suffering damages. Traditionally, insurers have used one of two methods in their calculations: the multiplier method or the per diem approach.
The multiplier method involves multiplying your quantifiable damages (like medical bills and lost wages) by a number (typically between 1.5 and 5) that reflects the severity of your injuries.
The per diem approach assigns a dollar amount for each day you live with the pain and suffering caused by your injuries. The daily rate chosen is often based on your wages.
An insurance adjuster might also use a computer program to determine what it considers a fair figure for pain and suffering. These settlement offers are nearly always less than what a car accident victim deserves, so it’s wise to consult an experienced lawyer before agreeing to anything.
Get Help From Our Car Accident Lawyers
While online pain and suffering calculators might provide a rough estimate for pain and suffering damages, they are far from accurate and often underestimate the actual value of a victim’s claim. For a personalized assessment, consult a knowledgeable car accident attorney from Wilson Law Group, LLC. We can review the facts of your case and provide a realistic estimate better than any calculator or computer program. Call or contact us now for a free case review.