How is Pain and Suffering Calculated in South Carolina for Personal Injury Cases?
By Pete Strom, the former United States Attorney for SC, with over 40 years in personal injury and criminal defense
Experiencing a personal injury in South Carolina can leave you grappling with more than just medical bills—it can bring physical pain and emotional turmoil that disrupt your life. Understanding how pain and suffering is calculated in South Carolina is essential for anyone seeking fair compensation in a personal injury case. Pain and suffering settlements are highly variable and depend on many factors, and insurance companies often undervalue these damages. This guide explores the methods used by courts and insurance companies, helping you navigate the process with confidence. Whether you’re in Columbia, Lexington, or Orangeburg, our team at Strom Law Firm is here to assist.
While you may find online pain and suffering calculators or suffering calculators that claim to estimate how much compensation you could receive, there is no pain and suffering calculator that will accurately determine your damages because pain and suffering damages vary from person to person. Only an experienced attorney or personal injury lawyer can provide a fair assessment of your pain and suffering settlement and help ensure you are not undervalued by the insurance company.
If your case goes to trial, the amount of compensation for pain and suffering is ultimately determined by a jury.
What is Pain and Suffering in South Carolina?
Pain and suffering encompass the physical discomfort and emotional distress, including emotional pain, experienced by an injured person as a result of an injury. In South Carolina, these are classified as non-economic damages, separate from tangible losses like medical expenses or lost wages. Non-economic damages may include:
- Chronic physical pain or discomfort
- Emotional distress, such as anxiety or depression
- Mental anguish
- Mental suffering
- Loss of enjoyment in daily activities or hobbies
- Disfigurement or permanent scarring
- Fear of future injuries or re-injury
Pain and suffering damages can also include diagnosable conditions that result from the trauma of being injured, such as depression and PTSD. Factors like anxiety, depression, and PTSD are often included in these claims.
These damages aim to compensate for harms that lack a clear monetary value. For example, a client we represented in Lexington suffered severe emotional distress after a car accident, which we documented to strengthen their claim. An experienced personal injury attorney in Lexington can help you articulate and prove these impacts.
Methods to Calculate Pain and Suffering
Calculating pain and suffering is complex due to its subjective nature, but South Carolina typically uses two methods: the Multiplier Method and the per diem method.
- Multiplier Method: Your total economic damages (e.g., medical bills, lost income) are multiplied by a factor, usually between 1.5 and 5, based on injury severity. For instance, $50,000 in economic damages with a multiplier of 3 results in $150,000 for pain and suffering. This method is often used for long-term or severe injuries. The multiplier method is the most common pain and suffering calculator used by attorneys and insurance companies to determine the value of non-economic damages.
- Per Diem Method: A daily rate (e.g., $150) is assigned to your pain and multiplied by the number of days you suffer. If pain lasts 200 days at $150 per day, the total is $30,000. This works well for injuries with a clear recovery timeline.
- The choice of method depends on case specifics, and sometimes both are considered to estimate a fair amount.
Some people turn to an online pain and suffering calculator or suffering calculator to estimate damages. However, these online pain and suffering calculators are less accurate than legal methods like the multiplier or per diem approaches. They often fail to consider the unique details of your case and may not reflect the true value of your pain and suffering. For a fair assessment, it is best to consult with a legal professional rather than rely solely on a suffering calculator.
Each method has pros and cons. The Multiplier Method may better account for complex, ongoing pain, while the Per Diem Method suits shorter-term suffering. Our attorneys in Orangeburg have used these methods to secure fair settlements for clients, tailoring the approach to each case.
Factors Influencing Pain and Suffering Calculations
When calculating pain and suffering, the following factors are considered to ensure the compensation reflects the injury’s true impact:
| Factor | Description |
|---|---|
| Severity of Injury | More severe injuries, like fractures, chronic pain, neck pain, or permanent disabilities, warrant higher damages. |
| Duration of Pain | Includes both past pain and future suffering, especially for chronic conditions and ongoing medical treatment. |
| Impact on Daily Life | Considers limitations on work, hobbies, or family time due to the injury, including common pain types such as back or neck pain. |
| Pre-Existing Conditions | Accounts for how prior health issues may amplify or complicate the injury’s effects. |
| Future Prognosis | Evaluates ongoing or future pain based on medical expert testimony and the need for continued medical care. |
Medical care and ongoing medical treatment are key elements in determining the duration and amount of pain and suffering compensation. Out of pocket expenses, in addition to medical bills, are also factored into the calculation. Pain and suffering damages do not have a fixed dollar value and are not as easily quantified as economic damages. Insurance companies may use software like Colossus to analyze claims and often aim to minimize payouts. Younger victims may receive higher awards due to the longer expected impact of the injury on their lives.
Proving these factors requires robust evidence. Medical records, physician statements, and your testimony are critical. For instance, a Columbia client’s daily pain log helped us demonstrate the extent of their suffering, leading to a stronger settlement.
Legal Considerations and Comparative Negligence
Pain and suffering damages are awarded for injuries caused by another party’s negligence or someone else’s negligence. In personal injury lawsuits and injury claims, seeking compensation for suffering damages is a key part of the process. Settlement compensation is often negotiated with the insurance company and their insurance adjuster, who evaluate the claim and may attempt to minimize payouts. Suffering claims and personal injury settlements are calculated based on various factors, including the severity of injuries and the impact on daily life. A legal team with combined legal experience is essential for maximizing compensation, as they understand how suffering damages are calculated and can advocate for the highest possible award. A suffering lawyer or pain and suffering lawyer can help you recover compensation and ensure that suffering damages are calculated fairly.
South Carolina’s comparative negligence law allows you to seek pain and suffering damages even if you’re partially at fault, as long as your fault is 50% or less. For example, if you’re 40% at fault and your total damages are $100,000, you could receive $60,000. This rule underscores the importance of legal representation to minimize your assigned fault and to help you seek maximum compensation.
Unlike some states, South Carolina generally imposes no caps on pain and suffering damages, except in specific cases, such as medical malpractice or lawsuits against government entities. This flexibility can lead to significant compensation for severe cases, but it also means insurance companies may push back harder to reduce payouts.
It’s also important to know what percentage most personal injury lawyers take in South Carolina, because personal injury attorneys are compensated through a contingency fee agreement.
Note: In 2026, California law prohibits recovery for pre-death pain and suffering in survival actions. This is an example of how state laws can affect the ability to recover compensation for pain and suffering.
Conclusion
Pain and suffering compensation acknowledges the profound physical and emotional toll of a personal injury in South Carolina. By using the Multiplier or Per Diem methods and considering factors like injury severity and life impact, courts and attorneys strive to deliver fair awards. However, navigating these calculations and proving your case can be daunting without expert help. If you’re in Columbia, Lexington, or Orangeburg, our personal injury attorneys at Strom Law Firm are ready to guide you toward the compensation you deserve.
If you have questions about your personal injury case, contact Strom Law Firm today for a free consultation.
Frequently Asked Questio
ns
Q: What types of injuries qualify for pain and suffering damages in South Carolina?
A: Any injury causing physical pain or emotional distress qualifies, including car accidents, slips and falls, workplace injuries, and .
Q: Is there a cap on pain and suffering damages in South Carolina?
A: Generally, no, except in cases like medical malpractice or government lawsuits.
Q: How can I prove my pain and suffering?
A: Use medical records, healthcare provider testimony, your personal account, and possibly statements from family or friends.
How to Prove Your Pain and Suffering Claims
As noted above, it’s not easy to quantify the pain and suffering after an accident. Unlike financial damages, you can’t provide a medical bill to the jury to show how much the respondent owes you. Fortunately, there are other ways to prove your pain and suffering claims.
Expert Witnesses
You can call on a medical expert to give evidence of how much pain and suffering you’ve endured since the accident. They are better positioned to show whether the injuries you’ve suffered are likely to cause pain and suffering, as well as the severity of the pain and its duration.
Layman Witnesses
Layman witnesses are also crucial for supporting your pain and suffering claims–they include friends and relatives who can successfully prove that your injuries have had a major impact on your life.
Medical Records
Don’t throw away your medical records–particularly the notes from your doctor and nurses–because they contain details of your physical and psychological state during your hospital visits. This is why it’s important to disclose to your doctor every single pain and discomfort you experience following an accident.