Pain & Suffering Laws in South Carolina
Not all suffering is physical, and not all damages are economic. A serious injury can lead to social isolation, emotional anguish, and painful, personal harm such as:
- Damage to personal reputation
- Fear of sickness, injury, or loss
- Inability to perform normal tasks unassisted
- Loss of companionship
- Loss of consortium
Even though such damages may not have a price tag attached to them, they can dramatically reduce your quality of life. South Carolina’s personal injury statutes allow you to sue the person or entity that caused your injury for what is known as “pain and suffering.” If you wish to file a personal injury lawsuit involving pain and suffering, there are a few things you need to know.
Regulations for Pain & Suffering Damages
In South Carolina, there are a few limitations on personal injury claims involving pain and suffering. These include:
- Time limit: You only have 3 years from the date of your injury to file a claim.
- Payout limit: Victims of medical malpractice can only recover $1.05 million total when suing for non-tangible damages. Claims involving government negligence may yield no more than $300,000. Any other claims in which a judge orders punitive damages against a professional or entity can result in a maximum payout of $500,000 or three times the amount associated with physical damages, depending on which is larger.
- Fault: South Carolina courts evaluate personal injury claims to assess the relative fault of both parties involved. If you are less than 50% responsible for the accident that caused your injury, you may be able to recover damages. You may not be able to recover any damages if you are more than 50% responsible for causing your injury.
Personal Injury Attorneys Serving Greenville for Over 100 Years
At Christian & Christian, we have decades of experience serving injured people in South Carolina. We understand the nuances of personal injury law, including matters of emotional damage and non-physical suffering. If you have experienced substantial mental anguish or other emotional harm as a result of an injury caused by another person’s negligence, we may be able to help you make a strong case for fair compensation from the responsible party. Allow us to come alongside you and be your advocates during this time.
Call (864) 408-8883 to schedule your free case review with a Greenville personal injury attorney today.