Understanding Pain and Suffering in South Carolina Personal Injury Cases

The physical wounds from an accident are often visible. You can see the bruises, the casts, and the surgical scars. The financial wounds are equally visible in the form of mounting hospital bills and pay stubs showing lost wages. However, there is a third category of harm that is just as real but far more difficult to capture on paper: the physical agony, the sleepless nights, the anxiety of getting back behind the wheel, and the grief of losing the ability to pick up your children. In the legal world, this is collectively known as “pain and suffering,” and it often represents the largest portion of a personal injury settlement or verdict.

Defining Pain and Suffering in Legal Terms

In South Carolina personal injury law, “pain and suffering” is a legal term of art used to describe a specific type of non-economic damage. Unlike economic damages, which reimburse you for out-of-pocket expenses, non-economic damages are intended to compensate you for the decline in your quality of life.

When a jury is asked to award these damages, they are essentially being asked to place a monetary value on human suffering. This encompasses two distinct areas:

• Physical Pain: The actual physical discomfort caused by the injury. This includes the immediate pain of the accident, the discomfort of recovery (such as physical therapy or surgery), and any chronic pain that is expected to persist into the future.
• Mental Suffering: The emotional and psychological byproducts of the physical injury. This can range from shock, fright, and humiliation to deep anxiety, depression, and post-traumatic stress.

The Distinction Between Economic and Non-Economic Damages

To effectively pursue a claim, it is important to distinguish between the two primary types of compensatory damages available in South Carolina courts.

Economic Damages (Special Damages)

These are objective and quantifiable. You can calculate them using a calculator and documentation.

• Medical bills (past and future)
• Lost wages and loss of earning capacity
• Property damage
• Out-of-pocket expenses (medications, travel to doctors)

Non-Economic Damages (General Damages)

These are subjective and personal. They vary significantly from person to person, even for identical injuries.

• Physical pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Disfigurement or physical impairment
• Loss of consortium (impact on spousal relationship)

Physical Pain vs. Mental Anguish

While often grouped together, physical pain and mental anguish are legally distinct concepts that must be proven separately.

Physical Pain requires evidence of the injury’s severity and the duration of recovery. A broken femur typically carries a higher “pain value” than a soft tissue sprain because the medical treatment is more invasive and the recovery is longer.

Mental Anguish focuses on the mind’s reaction to the trauma. In South Carolina, you can recover for mental anguish if it is a byproduct of a physical injury. Examples include:

• Fear of driving after a severe car accident.
• Depression stemming from a permanent disability that prevents you from working.
• Anxiety regarding future surgeries or health complications.
• Embarrassment caused by scarring or disfigurement.

How South Carolina Valuates Non-Economic Losses

One of the most common questions clients ask is, “How much is my pain worth?” The honest answer is that there is no fixed price list. South Carolina law does not provide a mathematical formula for calculating pain and suffering. Instead, the law instructs juries to use their “common sense” and “collective judgment” to determine what is fair and reasonable.

Several factors influence this valuation:

• Severity of the Injury: Permanent injuries typically warrant higher compensation than temporary ones.
• Treatment Duration: A recovery taking six months implies more suffering than a recovery taking two weeks.
• Invasiveness of Treatment: Surgery, injections, and extensive rehabilitation suggest higher levels of pain.
• Impact on Daily Life: Evidence that you can no longer perform specific tasks or hobbies is powerful.
• Credibility: The plaintiff’s honesty and consistency are vital. Exaggeration can destroy a claim.

The Multiplier Method Explained

Since there is no statutory formula, insurance adjusters and attorneys often use estimation frameworks to begin negotiations. One common framework is the “Multiplier Method.”

Under this approach, the parties calculate the total economic damages (medical bills + lost wages) and multiply that number by a factor, typically between 1.5 and 5.

• 5 Multiplier: Often used for minor injuries with quick recovery (e.g., mild whiplash).
• 0 Multiplier: Often used for moderate injuries requiring significant treatment (e.g., broken bones, surgery).
• 0+ Multiplier: Reserved for catastrophic, life-altering injuries (e.g., traumatic brain injury, paralysis).

Note: This is merely a negotiation tool, not a binding legal rule. A jury is free to award an amount far higher or lower than these multipliers suggest based on the specific evidence presented.

The Per Diem Approach

Another method used to argue for damages is the “Per Diem” (per day) approach. This strategy attempts to assign a specific dollar value to every day the victim suffers.

For example, if you are in pain for six months (180 days), an attorney might argue that your pain is worth $200 per day.

• 180 days x $200 = $36,000 in pain and suffering.

This approach effectively highlights the chronic nature of recovery. It asks the adjuster or jury to consider that the victim does not just suffer a “broken leg” once; they suffer the limitations and pain of that broken leg every single waking hour for months.

Why Medical Records Are Vital for Non-Economic Claims

You might assume that medical records only prove economic damages, but they are actually the foundation for proving pain and suffering as well. An insurance adjuster will look for objective validation of your subjective complaints.

Effective medical documentation for pain includes:

• Pain Scale Ratings: Notes where you consistently reported high pain levels (e.g., 7/10) to nurses and doctors.
• Prescriptions: Records of pain medication, muscle relaxers, or anti-anxiety medication serve as proof of your physical and mental state.
• Functional Limitations: Doctor’s notes restricting you from lifting, bending, or returning to work.
• Referrals: Referrals to pain management specialists or psychiatrists indicate that the standard treatment was insufficient to manage your suffering.

The Necessity of a “Pain Journal”

Memory is fleeting. By the time your case reaches a settlement negotiation or trial, months or even years may have passed since the accident. It is difficult to recall exactly how much your back hurt on a specific Tuesday six months ago.

We strongly recommend that clients maintain a daily “Pain Journal.” This is a written record that documents:

• Daily Pain Levels: A rating of your pain on a scale of 1-10.
• Specific Limitations: “Could not pick up my toddler today,” or “Had to leave the grocery store early because of neck spasms.”
• Sleep Disruption: Notes on insomnia or nightmares caused by pain or trauma.
• Medication Usage: When you had to take medication to function.

This contemporaneous record serves as powerful evidence, transforming vague memories into specific, dated facts that are harder for defense attorneys to dispute.

Loss of Enjoyment of Life

“Loss of enjoyment of life” is a category of damages that compensates you for the things that made your life worth living, but which you can no longer do.

This is highly specific to the individual.

• For an avid runner, a knee injury represents a massive loss of enjoyment.
• For a grandparent, the inability to lift a grandchild is a significant emotional blow.
• For a musician, a hand injury that prevents playing an instrument is devastating.

Proving this requires evidence of your life before the accident. Photos, videos, and testimony from friends about your prior activity levels help paint a picture of what has been taken from you.

Loss of Consortium

Injuries do not happen in a vacuum; they affect the entire family unit. In South Carolina, the spouse of an injured person may file a separate claim for “loss of consortium.”

This claim seeks compensation for the loss of the benefits of family life, including:

• Loss of companionship and society.
• Loss of services (household chores, yard work, childcare).
• Loss of affection and sexual intimacy.

While this can be an uncomfortable topic to discuss, it is a legitimate legal damage. When an injury transforms a partner into a caregiver, the dynamic of the marriage shifts, often causing significant emotional strain that deserves compensation.

Permanent Impairment and Disfigurement

Scarring, amputation, or permanent loss of mobility carries a distinct weight in personal injury cases. The law recognizes that living with a permanent alteration to your body is a continuous source of mental anguish.

• Disfigurement: Facial scars, burn marks, or keloids. The visibility of the injury often correlates with the amount of compensation, as visible scars are constant reminders of the trauma.
• Impairment: A permanent limp, loss of range of motion, or the need for assistive devices like a cane or wheelchair.

In these cases, the “pain and suffering” is not just for the past, but for a lifetime. Actuarial tables estimating the victim’s life expectancy are often used to calculate damages for the remaining years the victim will live with the condition.

How Pre-Existing Conditions Impact These Claims

Defense attorneys frequently try to minimize pain and suffering payouts by blaming the victim’s pain on pre-existing conditions, such as arthritis or old sports injuries. This is known as the “Eggshell Plaintiff” doctrine.

Under South Carolina law, a defendant takes the plaintiff as they find them. If you had a bad back before the accident, but the accident made it significantly worse, the defendant is liable for that aggravation.

• Baseline: We must establish what your pain level was before the accident (often zero or manageable).
• Aggravation: We then demonstrate the increase in pain and the need for new or more aggressive treatment following the crash.

You are not penalized for being susceptible to injury. The focus remains on the change in your condition caused by the defendant’s negligence.

The Role of Witness Testimony

You are often the worst witness for your own pain. If you complain too much, you may seem whiny; if you remain stoic, you may seem uninjured. This is why “before and after” witnesses are critical.

These are people who know you well—coworkers, neighbors, friends, church members—who can testify to the changes they have observed.

• “He used to be the first one on the softball field; now he sits on the bench.”
• “She used to be distinctively cheerful; now she seems withdrawn and tired.”
• “I’ve seen him grimace every time he stands up from his desk.”

Third-party observation is objective and often resonates more with juries than the plaintiff’s own testimony.

Statutory Caps on Damages in South Carolina

In general personal injury cases (like car accidents or slip and falls), South Carolina does not cap the amount a jury can award for pain and suffering. The jury is free to award whatever amount they deem just.

However, there are important exceptions:

• Medical Malpractice: There are statutory caps on non-economic damages in medical malpractice lawsuits. These caps are adjusted annually for inflation.
• Government Liability (Tort Claims Act): If you are suing a government entity (e.g., a city bus, a public school, a state agency), there are strict caps on the total recovery allowed, regardless of the severity of the pain and suffering.
• Punitive Damages: While not “pain and suffering” (punitive damages are meant to punish), these are also capped in South Carolina, generally limited to three times the compensatory damages or a specific statutory amount, whichever is greater.

Insurance Company Tactics to Devalue Pain

Insurance companies are profitable because they minimize payouts. They utilize specific tactics to devalue pain and suffering claims:

• Surveillance: Hiring investigators to follow claimants, hoping to catch them performing activities they claimed they could not do (e.g., lifting groceries, mowing the lawn).
• Social Media Mining: Scouring your Facebook or Instagram for photos of you smiling, traveling, or looking “happy” after the accident to argue that you are not suffering.
• The “Gap in Treatment” Argument: If you waited two weeks to see a doctor or skipped physical therapy, they will argue that your pain must not be severe.
• Malingering Accusations: Implying that you are exaggerating symptoms for financial gain.

When to Litigate vs. Settle

Most personal injury cases settle out of court. Settlement provides a guaranteed amount and avoids the stress and uncertainty of a trial. However, if the insurance company refuses to offer a fair value for your pain and suffering, filing a lawsuit and proceeding to trial may be necessary.

This decision involves a risk assessment:

• Settlement: Certainty and speed, but potentially a lower amount.
• Trial: Potential for a much higher verdict if the jury sympathizes with your suffering, but a risk of receiving nothing if the verdict goes against you.

An experienced legal team will help you weigh these options based on the strength of your specific evidence.

Contact Peake & Fowler for Legal Guidance

Pain and suffering are not just legal terms; they are the realities you live with every day after an injury. At Peake & Fowler, we believe that your story deserves to be heard and your suffering deserves to be acknowledged. We are committed to building the comprehensive evidence needed to force insurance companies to recognize the full human impact of their policyholder’s negligence. Contact us today at 803-788-4370 or complete our online contact form to schedule a consultation. Let us handle the legal burden so you can focus on your physical recovery.