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Can You Sue For Pain And Suffering In South Carolina?

Posted January 25, 2023 in Personal Injury

Car Accidents

There are certain factors in an injury case that will be fairly easy for your lawyer to determine when trying to calculate a fair settlement. First, you will likely be dealing with economic damages. These are often straightforward because your lawyer will determine that portion of the settlement based specifically on the monetary value of certain expenses. This means they will be fighting for fair compensation for things like: 

  • Medical bills (hospitalization, medication, checkups, surgeries)
  • Lost wages 
  • Home health or rehabilitation services if you have ongoing needs
  • Property damage
  • Vocational rehabilitation

These are just a few economic damages. Things become more difficult when your lawyer begins to calculate your non-economic damages. These types of damages don’t have a dollar value that is assigned to every personal injury case. So, when you hear that someone won pain and suffering for their injury claim, you may be wondering how that can be calculated into your settlement. 

Will l be able to sue for pain and suffering? 

Pain and suffering can be difficult because this accounts for the emotional and physical stress you deal with following an accident in South Carolina. Your car accidents lawyer will fight for pain and suffering when you experienced serious emotional and physical discomfort following your accident. Because there is no one formula that will give you an accurate number for pain and suffering, South Carolina leaves this up to a jury to decide. Your lawyer will show how you have suffered by bringing forward evidence such as: 

  • The types and amount of medication you need to take
  • How serious your injuries are
  • How those injuries have damaged or hurt your personal life and relationships
  • What your recovery process will be like
  • Whether the injuries you have sustained are permanent
  • Whether therapy is needed for the emotional toll the accident took on you

The Cap On Non-Economic Damages

Next, you may be wondering if there is any kind of cap on the damages you can receive after your accident. In the state of South Carolina, there is no cap on economic damages because your lawyer can provide verifiable evidence showing your financial losses. South Carolina also does not currently cap non-economic damages (except in cases involving medical malpractice). 

Knowing that your life may be forever changed by an accident that happened quickly can elicit complicated feelings, ranging from sadness to anxiety, depression, and even to anger. Whatever you go through mentally and emotionally following your accident, you should not feel that you are alone and you should not be concerned that there will be no justice. It is crucial to arm yourself with a legal team you know will guide you through what will happen and will fight on your behalf to get compensation for the pain and suffering you have gone through. 

When you are ready to pursue a claim for your injuries and are concerned or have questions about pain and suffering, don’t hesitate to speak with someone you can trust, like a lawyer from Woron and Dhillon, LLC. You should be confident in the team you choose to represent you during this difficult time. Call today. 

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