- May 25, 2023
Car accidents can be traumatic experiences that leave you with physical and emotional pain. When you suffer injuries in a car crash, it’s essential to know your legal rights and how to seek compensation for your damages. In South Carolina, pain and suffering damages are important when seeking financial recovery for injuries sustained in a car wreck.
But how are these damages calculated? And what factors come into play? This is what we will explain in detail in this article. Plus, we will discuss why hiring an experienced Greenville car wreck attorney is crucial to ensuring fair compensation for your losses.
The Jury Will Calculate Pain and Suffering Damages
In South Carolina, pain and suffering damages are not easy to calculate. But the good news is that you don’t have to do it on your own. A jury will be involved in assessing these damages during trial proceedings.
This instruction came as far back as 1964, in the Edwards vs. Lawton case, and has the famous wording: “Pain and suffering have no market price.”
However, while juries are responsible for calculating pain and suffering damages in South Carolina personal injury cases; their decisions can be appealed if there was an error made by either party during trial proceedings.
Your Lawyer Will Also Make a Parallel Evaluation of Pain and Suffering
In addition to the jury’s evaluation of pain and suffering damages, your lawyer will also conduct a parallel assessment. This is how you know that you are getting a fair evaluation. If the number the jury comes up with is similar to the one estimated by your lawyer, then everything is alright. Otherwise, the lawyer will appeal the jury’s decision.
Your attorney will take into account various factors such as:
- the severity of your injuries
- the impact they have had on your life
- any ongoing medical treatment or therapy that you require.
Your lawyer may also consult with expert witnesses who can provide insight into the long-term effects of your injuries. These professionals could include doctors or therapists who specialize in treating conditions similar to yours.
By conducting a thorough parallel evaluation of pain and suffering damages, your Greenville car wreck attorney can fight for fair compensation on your behalf.
How to Prove Pain and Suffering after a Car Crash
Proving pain and suffering after a car crash is not an easy task, but it’s crucial to ensure that you receive the compensation you deserve. There are several steps you can take to prove your pain and suffering in court or during settlement negotiations.
It’s important to remember that proving pain and suffering after a car crash requires detailed documentation from various sources.
Expert Witnesses
When it comes to proving pain and suffering in a personal injury case, expert witnesses can play a crucial role. These are professionals who have specialized knowledge or training in the area relevant to your case, such as medical professionals for injuries or psychologists for emotional trauma.
Expert witnesses can provide testimony that helps prove the extent of the physical or emotional harm you suffered as a result of an accident. This may include detailed information about how your injuries will impact your daily life, ability to work, and long-term prognosis.
It’s important to note that expert witness testimony is not always necessary for every personal injury case. Your attorney will evaluate whether this type of evidence could be helpful in proving your claim and securing fair compensation.
If expert witnesses are deemed useful for your case, your lawyer will work with them closely throughout the process. They’ll prepare them to testify at trial if necessary and ensure their opinions are fully supported by evidence from medical records or other sources.
Working with experienced attorneys who know when and how to use expert witnesses can make all the difference when seeking compensation for pain and suffering after an accident.
Lay Witnesses
A layman witness is an individual who testifies about the victim’s physical or emotional distress but doesn’t have any professional medical training. They could be friends, family members, coworkers, or anyone who knows the plaintiff well enough to notice changes in their personality or behavior.
Layman witnesses can provide valuable insight into how the accident has impacted your daily life. For example, they may testify that you were once outgoing and social but now isolate yourself due to anxiety caused by the accident. These personal accounts help jurors understand how much pain and suffering damages should be awarded.
It’s important for victims of car crashes to gather as many witnesses as possible because their testimony can make a significant difference in determining compensation amounts. Your Greenville car wreck attorney will work with you to identify potential witnesses that might strengthen your case and increase your chances of receiving fair compensation for your injuries.
Medical Records
One of the most important pieces of evidence in determining pain and suffering damages is your medical records. These documents provide a detailed account of your injuries, treatment plan, and recovery progress.
Your lawyer will use your medical records to show how much pain you have gone through since the accident. They will also look for any discrepancies or inconsistencies that could be used against you by the defense team.
Make sure to keep track of all doctor visits, tests performed, medications prescribed, and physical therapy sessions attended. The more detailed your medical record is, the better it will be for calculating damages.
It’s important to note that some insurance companies may try to request access to your entire medical history rather than just the relevant records related to the accident. Your Greenville car wreck attorney can help protect you from these invasive tactics and ensure that only necessary information is provided.
In summary, keeping accurate and detailed medical records after an accident can greatly impact how much compensation you receive for pain and suffering damages.
Your Greenville Car Wreck Attorney Will Fight for a Fair Compensation Amount
Pain and suffering damages are an essential part of personal injury compensation. After all, your life has been changed forever for the worse due to someone else’s negligent actions. Thus, you deserve to be compensated beyond your economic damages.
A dedicated Greenville car wreck attorney will evaluate your pain and suffering and make sure that the jury understands how much the accident has affected you. And, if we realize that the jury made a mistake and undervalued your pain and suffering damages, we will file an appeal on your behalf.
Finally, remember that you get a free case review to understand your legal options. Thus, you don’t have to worry about legal fees. So do not hesitate to call us at 864-310-7897 to schedule an initial appointment as soon as possible after the accident!
