Pain and suffering are often instantaneous, ongoing, and life-altering for victims of negligence. Assigning an actual value to these specific types of damages is challenging.
While you may not have a tangible receipt for your pain and suffering, both are unfair and worthy of justice. If you suffered damages due to someone else’s negligence, you might want to contact a lawyer for a free consultation. A South Carolina lawyer uses their experience and skills when fighting for victim compensation. A lawyer understands how to calculate a number for unbillable yet significant damages.
Many aspects of one’s life change when one suffers harm in a car accident or other tragic event. A personal injury claim is a legal recourse for victims harmed by the reckless actions of others.
Personal injury claims note two specific kinds of damages: economic and non-economic. Economic damages are costs such as the following:
These damages are easy to prove due to hospital and physician bills and salary information. Work attendance records and medical receipts are difficult for insurance companies to dispute. Correlating numbers for services provided or days missed from work proves one’s economic damages.
Non-economic damages may include these items which are less easily calculated:
The effects of a tragic accident can negatively impact your ability to sleep, function, or enjoy life as you knew it. Post-traumatic stress disorder (PTSD), humiliation, and embarrassment from visible scars are a few examples of non-economic damages.
A lawyer can review your case and identify all damages eligible for compensation. They will then negotiate a fair settlement or take your case to trial.
The multiplier method is among the most common for calculating pain and suffering. By applying a unique formula, attorneys can arrive at a number specifically for pain and suffering damages.
How the multiplier method works: An attorney adds the economic damages and multiplies that sum by a factor based on the severity of the pain and suffering experienced. More significant impacts on a victim’s life are typically assigned a higher multiplier. Once an amount is determined, the negotiation process for a fair settlement begins with the insurance company. This phase is incredibly challenging due to the pushback from insurance companies that seek to pay little or no compensation.
No accident victims of negligence should attempt to navigate this complex process on their own. Rest is vital for those healing from a traumatic life event, and lack of experience in legal matters could result in a victim’s receiving less than they deserve.
A South Carolina attorney understands state civil laws, how insurance companies operate, and why the right client compensation matters. Accident victims deserve someone in their corner throughout their compensation fight. If your life changed drastically due to negligence, consider leaving the calculation of your pain and suffering in the hands of an experienced South Carolina attorney.
Crucial evidence can significantly impact the outcome of your claim or lawsuit. Sharing information about your experience and the impact on your life with your attorney is also vital. Personal injury attorneys are compassionate listeners who quickly recognize the pain and suffering evident in your life.
Forms of evidence that may serve as beneficial to your case include:
Victims can take steps to protect their best interests. Two critical steps are not admitting fault at the accident scene and referring insurance company representatives to an attorney. Posting about your accident on social media is a potential misstep when it comes to pursuing compensation. Accident scene photos and comments about your experience may be used against you by an insurance company.
And while it is human nature to feel compassion toward others, apologizing at the scene is never a good idea. Some may interpret it as an admission of guilt, making your pursuit of compensation difficult.
Discussing your case with an attorney can help you better understand your options and protect you from making costly mistakes. A South Carolina personal injury attorney is on your side throughout the civil process. Their goal is to secure the best possible outcome for your case.
South Carolina attorneys James Whalen and Eric Montalvo know that pain and suffering are actual damages for accident victims. The negligence of others demands compensation that accounts for all damages, not just medical costs.
A traumatic accident is just that — traumatic. With a kind and caring nature, Whalen Montalvo Attorneys at Law learn about your experience, examine all evidence, and decide the best path for your case.
Time is critical for filing your civil lawsuit. The South Carolina statute of limitations for personal injury lawsuits is three years. While this may seem like a long time, the clock starts the moment you suffer severe injuries. Do not let this critical time period pass without contacting a personal injury lawyer.
Negotiating or accepting a settlement without legal counsel is risky for several reasons. You risk accepting far less than you need and deserve. Your pursuit of compensation now is vital as you fight for the fair compensation you need now as well as later. Pain and suffering are real and are often long-lasting.
Protect your best interests by contacting our office today. Our staff is warm, welcoming, and eager to help you through this challenging time. Call (864) 770-7710 to schedule your free consultation today.
I grew up right here in Greenville, South Carolina. Following highschool, I attended Rhodes College in Memphis, Tennessee, where I was an NCAA Scholar-Athlete for the Rhodes Lynx soccer program.
I completed my law degree at University of South Carolina School of Law, where I was on the mock trial team and an editor for the Journal of Law and Education. Following graduation, I served as a judicial law clerk for Senior Judge Robert H. Hodges, Jr. on the Court of Federal Claims in Washington, D.C. My experience in D.C. trial courts solidified my desire to become a trial lawyer.
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