- Practice Areas
Posted in Personal Injury on April 30, 2018
You may be entitled to compensation if you or someone you love has sustained a life-altering injury because of someone else’s negligence. The injury attorneys at HawkLaw are here to protect your rights.
In a legal sense, pain and suffering is broadly defined as the physical, mental or emotional damage or distress an individual incurs from an injury. In the instances that injury resulted from negligence, the injured party may be able to recoup special damages for those losses.
Damages for pain and suffering are typically broken down into two categories: economic and noneconomic. Economic damages are defined as monetary losses, such as medical expenses or lost wages. Noneconomic damages are intangible losses, which are calculated by monetizing the value of a victim’s pain and suffering since the injury. These damages can also be projected into the future, taking into consideration the value of that loss over the duration of an individual’s life.
Intangible losses often create more harm than clear-cut economic losses because they can impact future earnings, negatively affect interpersonal relationships, and can cause lasting mental and emotional damage.
There are limitations to such damages under South Carolina law. There is a specified time frame a claimant has to file suit, and award limits are capped based on the type of lawsuit and the number of claimants involved in litigation. Punitive damages, which are sums allotted in excess of a standard award, are also capped under South Carolina Law.
Special note regarding the negligence standard: A claim is not valid if the claimant is more than 50% negligent in the incident. The claimant’s level of negligence is up for interpretation. A judge or jury will eventually make a final determination based on evidence provided in court.
There is no clear rule defining how much someone’s pain and suffering may be worth. Typically, a judge or a jury will take into consideration a myriad of factors surrounding the circumstances of your injury – including the degree of negligence involved, and the level of pain and/or suffering you have endured (or will likely endure in the future).