Pain and suffering may be calculated in a car accident claim in South Carolina by using either:
- The multiplier method
- The per diem method
- Another accepted method of calculation
One of these methods may be chosen, depending on what the insurance company or your lawyer deems most appropriate or accurate. With the per diem method, a value is assigned to your daily pain and suffering, which is then used to calculate the total value of the entire period you suffered pain. You may have past and future pain, suffering, and loss of enjoyment of life if you suffered a permanent injury.
For the multiplier method, your lawyer may add up all known damages, such as medical costs and property damage, and multiply by a number between 1.5 and five, depending on the severity of your pain and suffering.
You May Be Compensated for Pain and Suffering
The Legal Information Institute (LII) explains that pain and suffering may refer to “physical or emotional distress resulting from an injury.” Pain and suffering could be a substantial portion of your accident-related losses, particularly if you suffered a debilitating injury or lost a loved one because of a motor vehicle accident.
The Northwestern Law School notes that pain and suffering may generally make up as much as 50 percent of losses in a personal injury case. Your lawyer may determine how to calculate your pain and suffering, as they may have experience with similar calculations in car accident-related lawsuits and insurance claims. The best attorneys know how to humanize your story and find ways to develop the true cost of your pain and loss of enjoyment of life. While insurers often apply a mathematical formula to calculate your non-economic damages prior to litigation, good storytelling at trial is the key to success.
Regardless of how pain and suffering is calculated in your car accident claim, you might be entitled to receive compensation for other losses as well. These economic losses may include:
- Income you lost because of an accident-related injury
- Damage to your vehicle
- The cost of alternative transportation while your vehicle cannot be driven
- Damage to your short and long-term earning power
- The cost of emergency care, hospitalization, and rehabilitation for your injury
- The cost of medication for your injury
- The cost of a caregiver if your accident caused paralysis or some other injury resulting in lasting physical or cognitive limitations
- Costs from the loss of a loved one
Your losses may be more extensive than these, and your lawyer may fight for the amount of compensation you may be entitled to collect, based on your specific damages.
For a free legal consultation, call 864-514-8192
Hammack Law Firm Can Handle Your Claim or Lawsuit
If you were injured or your loved one passed away because of a car accident in South Carolina, you may be entitled to compensation to recover your losses. Though the South Carolina Department of Insurance (DOI) explains that motorists must carry certain minimum auto insurance coverages, the driver at fault for your accident may be underinsured compared to your losses.
A lawyer may explore the possibility of you collecting compensation through an insurance claim and may complete the claims process if it is an effective way for you to seek compensation. If insurance does not provide sufficient coverage or you run into other issues, such as an insurer offering too meager of a settlement, your lawyer may file a lawsuit on your behalf.
A Lawyer at Hammack Law Firm May Start and Complete Your Lawsuit
The primary benefit of hiring a lawyer may be that they can bear the responsibility of managing your insurance claim or lawsuit. Your lawyer may have experience handling car accident claims and lawsuits and may handle all portions of your lawsuit that do not absolutely require your participation.
Some of the lawsuit-related duties that your lawyer may perform might include:
- Gathering and organizing evidence
- Interviewing witnesses and recording their statements
- Hiring experts to recreate your accident or testify to certain aspects of your case
- Filing your lawsuit before any relevant deadlines pass, time permitting
- Calculating your losses, which may include pain and suffering
- Making in-person appearances on your behalf and accompanying you to any appointments or appearances that you must make
- Negotiating a settlement
- Completing a trial if necessary
Your lawyer may negotiate a settlement that covers your accident-related losses. If this is not possible, they may continue to fight for you by taking your case to court. If your lawyer is successful in settlement negotiations or at trial, you may be able to collect awards for the economic and noneconomic losses stemming from your accident.
Being injured or having just lost a loved one can leave you devastated. Taking on the stress and effort of a car accident claim or lawsuit may be detrimental to your health. A lawyer can handle either process, and you may not have to pay them any attorney’s fees unless they win.
Call Hammack Law Firm Today to Help You with Your Case
The team at Hammack Law Firm is customer-centered and treats our clients like friends and family. Call our team today at 864-514-8192 for a free consultation about how we may help you with your car accident claim or lawsuit.