Who Pays for Pain and Suffering in a Car Accident?

April 20, 2024 – Paul Hammack

South Carolina Personal Injury Lawyers | Hammack Law Firm | Call 864-326-3333

A car accident in South Carolina can leave you with severe injuries and damage to your vehicle. You may also experience pain and suffering as a result of your collision. You may be unable to work or go about your normal daily activities.

Typically, the driver at-fault for the accident will pay for pain and suffering along with your other damages via an insurance claim or lawsuit. How much you will receive depends upon the severity of your accident-related injuries.

Determining Who Covers Pain and Suffering Losses

The individual primarily at fault for a car accident in South Carolina generally has a responsibility to cover the losses of another party. South Carolina uses comparative negligence laws to handle car accident claims.

Comparative negligence means that the state may find more than one person at-fault for a collision. You only have an option to seek compensation if you bear less than 50% of the fault.

Comparative negligence laws may also mean that you receive a smaller amount of compensation if you are partially at fault for a collision.

A lawyer familiar with handling car accident cases in South Carolina can build a strong case against the responsible party, proving you are not at fault for causing the accident.

Do Insurance Companies Have to Pay for Pain and Suffering?

Insurance companies often try to avoid compensating you for pain and suffering after a collision. They may argue that the accident did not cause your mental anguish or emotional trauma.

However, you can work with a car accident lawyer who knows how to handle insurance companies. Car accident attorneys focus on your unique needs and discuss the pain you went through after a collision.

Your lawyer can work to hold the at-fault driver accountable for the actions that led to your accident. If the insurance company refuses to cover your pain and suffering, you may consider taking your case to court.

A law firm in South Carolina can help you build a lawsuit against the driver who caused your accident.

Determining Fault for a Car Accident in South Carolina

You only receive compensation for your pain and suffering if someone else was primarily at-fault for the collision. You can work with a lawyer to establish liability after a wreck. Lawyers often:

  • Question witnesses
  • Review police records
  • Visit the scene of the accident

Your injury lawyer understands the causes of car accidents and knows what to look for after a collision. You deserve compensation if you were involved in a head-on, rear-end, or side-impact crash that was not your fault. A lawyer will work to determine if another driver caused the accident by:

  • Speeding or driving recklessly
  • Driving while distracted
  • Driving under the influence of alcohol or drugs
  • Driving while fatigued

Any of these factors could lead to a collision.

Other Losses Associated with Accidents in South Carolina

You may receive pain and suffering compensation after a collision with another driver. In many situations, drivers also secure damages to cover their:

  • Medical expenses
  • Lost wages at work
  • Vehicle repair costs

These are called economic damages. Economic damages often have a set dollar value that makes them easy to calculate. You should keep track of all your medical bills and expenses from the repair shop when tabulating your economic damages.

The amount of compensation you receive for your economic damages often directly ties into the funds you receive for your pain and suffering.

Pain and Suffering Related to Your Economic Losses

Pain and suffering falls under non-economic damages. Unlike economic losses, pain and suffering does not have a set dollar value. No one invoices you for the trauma or stress you feel after a collision.

Methods Insurance Companies Use to Determine Pain and Suffering Damages

Insurance companies generally determine the amount of non-economic damages by taking your economic damages and applying a multiplier to them.

Multipliers range from one to five. The company multiplies your economic damages by this number. Typically, agents use a larger multiplier if you have more severe injuries after a car accident.

Some insurance companies use a per diem method instead. The per diem method allows insurance companies to pay you a set amount for each day you deal with pain or mental anguish after your accident.

In both cases, insurance agents sometimes refuse to cover your losses adequately. A lawyer who handles car accident cases in South Carolina can help ensure you receive the compensation you need to move forward.

Call Hammack Law Firm to Assist You with Your Case

The driver who caused your accident should be held legally accountable and pay for your pain and suffering. You can get help securing damages by working with the Hammack Law Firm. We operate out of Greenville, SC, and serve other surrounding areas.

Find out why our clients say we’re “diligent and resourceful” in their reviews by calling us at (864) 326-3333(864) 326-3333. The initial consultation is always free.

Questions or Schedule An Appointment? Call Us:

(864) 326-3333

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