When you’ve experienced an accident, the consequences can sometimes extend beyond just your medical bills and property damage. Pain & suffering can cast a long shadow over your life. If you’re a victim of such an accident, pursuing a personal injury claim can help you recover the actual damages you’ve been saddled with, but you should be compensated for the distress you’ve been forced to endure. At Cannon Law, our dedicated North Charleston Pain & Suffering Lawyer works tirelessly to ensure you receive the full compensation you deserve.

What is Pain and Suffering?

In the realm of personal injury cases, “pain and suffering” is an encompassing term that includes a wide range of physical and emotional effects after an accident. Our North Charleston Pain and Suffering Lawyers at Cannon Law understand that demonstrating how these effects have impacted your life is crucial in seeking the compensation you rightfully deserve. Additionally, don’t forget that pain and suffering is a type of damage that is not meant to pay for your medical bills, repair costs, or lost wages. Rather, settlements, or jury verdicts, should incorporate the physical pain and suffering you’ve endured due to the accident and the emotional distress that has resulted.

Pain and Suffering Examples

Pain and suffering damages are intended to capture both physical and emotional suffering. Here are some examples:

Physical Pain & Suffering:

• When your daily life is significantly affected by lasting disability or impairment.
• Future restrictions on your physical abilities.
• Any complications that disrupt your day-to-day life.
• Ongoing physical discomfort and pain.
• Profound disfigurements like scars, amputations, or burns.
• Impairments that diminish your quality of life.

Emotional Pain & Suffering:

• Emotional distress resulting from the accident.
• Trauma triggered by the accident.
• Emotional impact affecting your sleep or eating habits.
• Inability to enjoy activities you once loved.
• Mood swings affecting your daily life.
• Feelings like fear, anger, or humiliation caused by the incident.

Most Common Causes of Pain and Suffering

While pain and suffering can arise from various injuries and accidents, it’s crucial to understand their underlying causes. At Cannon Law, we prioritize the identification of these causes when pursuing compensation for pain and suffering. You may be eligible for compensation if your pain and suffering are linked to:

• Pain from an Injury: This includes the pain stemming from fractures, cuts, or any physical harm inflicted during the accident.
• Pain Resulting from Necessary Medical Procedures: The discomfort and distress associated with these medical interventions are key elements of your pain and suffering claim.
• Ongoing or Chronic Pain Caused by Injuries: Chronic pain, which affects your daily life, can be included in your claim, addressing the enduring effects of the injury.
• Mental Distress About Pain and its Impact: This includes anxiety, depression, and any emotional suffering resulting from the accident.

When it comes to personal injury law, you must demonstrate a connection between your injuries and the physical and emotional pain you are dealing with.  Without this, the possibility of a settlement becomes minimal.  At Cannon Law, our North Charleston Pain & Suffering Lawyers are trained in this area and our unwavering dedication is to ensure that the full extent of your pain is recognized and compensated accordingly.

Is Pain and Suffering Separate from Medical Bills?

One common question that arises in personal injury cases is whether pain and suffering damages are distinct from medical bills. The answer is yes; they are separate. Medical bills account for the actual costs incurred for your treatment and recovery, while pain & suffering is a non-economic damage meant to compensate you for the emotional and physical distress resulting from your injuries. Understanding this distinction is vital when calculating the compensation you deserve. At Cannon Law, we can help you differentiate between these types of damages and ensure you receive full compensation for both.

Can You Sue an Estate for Pain and Suffering?

In some cases, the responsible party for your pain & suffering may have passed away, leaving an estate behind. You might wonder if it’s possible to sue an estate for pain and suffering damages. The answer is yes, under certain circumstances. Laws regarding suing an estate can be intricate, and it’s crucial to consult with experienced attorneys. Cannon Law has the expertise to guide you through this process, assess your case, and help you pursue compensation from an estate if applicable. Don’t hesitate to reach out to our Pain and Suffering Attorneys in Charleston for such complex matters.

How Much Do Insurance Companies Pay for Pain and Suffering?

This is the all-important question, how much is pain & suffering worth?  There are two main ways of getting to an answer, the Multiplier Method and the Per Diem Method, read more on both of these methods below to better understand how insurance companies value pain and suffering damages:

Pain and Suffering Calculator – Multiplier Method

There is no exact science as to how insurance companies value pain and suffering.  However, the multiplier method is widely used to estimate a value. It involves totaling your economic damages and multiplying them by a specific variable. The variable, often in the range of 1.5 to 5, but can be higher for more severe cases. How does this work in practice?  If your economic damages amount to $200,000, and a variable of 2 is applied, your pain and suffering damages would be $400,000. Using a variable of 5, your claim would reach $1,000,000.

The variable used in this method considers case-specific factors such as:

• Pain Intensity
• Anticipated Healing Period
• Day-to-Day Affects
• Transparency of Wrongdoing

This method shines when your pain and suffering are influenced by various factors, making it challenging to assess accurately. The use of multipliers offers a straightforward approach to determining fair pain and suffering compensation. Additionally, it’s particularly effective when dealing with injuries that result in ongoing pain and suffering over an extended period; the higher multiplier accommodates the extended duration of your suffering. It also serves well when your income level is relatively low (further elaborated in the following section).

Nonetheless, it’s important to acknowledge that boiling down the full extent of your mental and emotional distress into a numeric multiplier, ranging from 1.5 to 5, might seem somewhat arbitrary. This method may only sometimes capture the complete spectrum of suffering you’ve endured. At Cannon Law, our experienced team comprehends the complexities of the multiplier method and utilizes it judiciously, ensuring that your pain and suffering are justly evaluated and compensated, irrespective of its intricacies.

Pain and Suffering Calculator – Per Diem Method

The other most common approach is the per diem method, which multiplies a specific dollar amount by the number of days impacted. For instance, if a per diem amount of $150 is applied, and your recovery period lasts 20 days, your pain and suffering claim would be $3,000.

The per diem method, a practical approach to quantifying pain & suffering, is particularly suitable when your suffering can be readily defined, and a specific value can be attributed to it. This method also works exceptionally well if your pain and suffering persist for a clearly defined duration. Cases involving ongoing or indefinite pain and suffering are more intricate to assess using this method, as predicting the exact number of days becomes challenging.

However, it’s important to note that the per diem method might not be suitable in situations where your income level is significantly high or low. Using income as the basis for calculations can be somewhat arbitrary since the intensity of pain and suffering does not inherently correlate with income levels. At Cannon Law, our experienced attorneys understand the nuances of applying the per diem method and will work diligently to ensure your compensation is determined accurately and fairly, irrespective of your income.

Adjustments

Adjustments are vitally important when reviewing pain and suffering claims and can alter the multiplier, per diem, or any other valuations that may be made. Factors that may allow for adjustments include:

• Long-term bodily harm
• Healing Timeline
• Coherence Between Medical Records
• Claimant’s trustworthiness and sincerity
• Prior Criminal Behavior
• Access to Medical Resources

Pain and Suffering Evidence

In many lawsuits damages and expenses can be easy to gather.  But when it comes to pain and suffering it is much more difficult. To improve your chances, gather the following:

• Photographs of the accident and injuries
• Records of medical care you’ve received
• Testimonials from anyone involved 
• A Pain Journal with a recording of all you’ve gone through

As you generate more and better evidence, it will only increase your chances of getting the justice and compensation you deserve!

Cannon Law – Pain & Suffering Lawyers

Knowing how to calculate pain and suffering damages is a valuable skill in ensuring you receive the full compensation you deserve. Our North Charleston Pain and Suffering Lawyers are here to support you, advocate for your rights, and secure the compensation you’re entitled to. If you need guidance in calculating your pain and suffering damages or assistance with your personal injury claim, reach out to us today.