Following an accident, the physical injuries sustained are not the only consequences victims may face.
Pain and suffering, encompassing emotional distress and diminished quality of life, can profoundly impact individuals long after an accident. Damages for this is crucial to personal injury claims, so it’s important to understand the difference between economic and non-economic damages as defined by South Carolina law. It’s equally important to comprehend what limitations on compensation for pain and suffering after an accident was available as awards in these cases per our state’s laws.
In personal injury law, pain and suffering refer to the physical and emotional distress experienced as a result of an accident. This can include physical pain, mental anguish, loss of enjoyment of life, and other non-economic damages that aren’t easily quantifiable.
Unlike economic damages, such as medical bills and lost wages, which have clear monetary values, determining the appropriate compensation for pain and suffering is much more subjective and often requires negotiation or litigation to resolve.
Settlement Caps
One significant limitation on compensation for pain and suffering is the concept of “caps” or statutory limits imposed by state laws. Many states have implemented caps on non-economic damages in personal injury cases, including those related to non-economic damages like these.
These caps vary widely depending on the jurisdiction and may be calculated as a specific dollar amount or a multiple of the plaintiff’s economic damages. For instance, some states may limit awards to $250,000 or cap them at two or three times the total economic damages when pain or suffering is incurred by the plaintiff.
These caps are intended to mitigate excessive jury awards, reduce insurance premiums, and promote consistency in compensation across different cases.
However, they can also restrict the amount of an award viable to accident victims, particularly in cases involving severe injuries or significant pain and suffering.
South Carolina has no cap on this type of damages, except in cases of medical malpractice, in which the most that can be awarded is $350,000.
Comparative Negligence
Another factor that can affect awards for pain and suffering is the presence of contributory or comparative negligence laws in South Carolina. Under contributory negligence, plaintiffs who are found partially at fault for the accident may be barred from recovering any damages, including compensation for pain and suffering.
Comparative negligence, on the other hand, allows plaintiffs to seek damages proportionate to their degree of fault, but their award may be reduced accordingly.
Insurance Limitations
Additionally, insurance policy limits can impact the amount of compensation available for pain and suffering after suffering serious injuries in an auto accident.
While liability insurance typically covers damages up to the policy’s limit, this may not be sufficient to fully compensate the injured party, especially if the injuries are severe or long-lasting. In these cases, pursuing a settlement beyond the at-fault party’s insurance coverage can be challenging, requiring exploring other avenues, such as underinsured motorist coverage or personal assets of the responsible party.
Legal Representation
It’s also important to consider the role of legal representation in maximizing compensation for pain and associated suffering.
Experienced injury attorneys understand how to navigate the complexities of the legal system, negotiate with insurance companies, and present compelling arguments to juries or judges.
By enlisting the help of a skilled attorney, accident victims can improve their chances of securing fair compensation for their pain and suffering, even within the constraints of applicable laws and insurance policies.
While compensation for non-economic losses like this s an integral part of a personal injury claim, various limitations may impact the amount awarded to accident victims. Statutory caps, contributory or comparative negligence laws, insurance policy limits, and the effectiveness of legal representation all play significant roles in determining the outcome of these cases.
Another limitation to consider is South Carolina’s 3-year statute of limitation for filing a civil suit.
Given these limitations on compensation for pain and suffering after an accident, seeking legal guidance is important. Our legal team at The Solomon Law Group advocates on behalf of our clients for fair settlement offers, not only if they’ve suffered physical injuries, but emotional ones as well.
