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What are "Pain & Suffering" Damages?


In a personal injury claim, there are a number of different types of damages, or compensation, which you can pursue. Most of these fall under the category of “actual” damages, which includes all real losses and damage that the plaintiff sustained. While these cases are generally primarily focused on recovering compensation for the physical injury and resulting costs, many lawsuits will also attempt to recover damages for the pain and suffering of the plaintiff.

What Does Pain & Suffering Include?

The term “pain and suffering” is commonly used, but is very broad and can encompass a wide range of potential experiences the plaintiff is forced to deal with. This obviously includes physical pain, but is often used to recover compensation for mental trauma and emotional anguish as well.

Some of the most common issues injury victims struggle with include:

  • Depression
  • Anxiety
  • Shock
  • Post-traumatic stress disorder
  • Insomnia
  • Loss of appetite

In the state of South Carolina, these are all recoverable damages if it can be proven that the negligence of another party led to the pain and suffering in question. These damages will be calculated based not only on the pain and suffering already experienced, but any future pain and suffering that they will likely experience.

How Is Pain & Suffering Proven?

Although most jurors will be sympathetic to the pain and suffering experienced by the plaintiff, proving this in court can be far more challenging. Typically, your South Carolina personal injury attorney will rely on testimony from doctors, mental health professionals, and even friends and family to prove the degree of suffering.

Hurt In South Carolina? Call (843) 968-0886

If you or someone you love has been injured due to the negligence of another party, you have a right to seek fair compensation. At Pierce, Sloan, Kennedy & Early LLC, our highly experienced attorneys can help you do just that. Our team has received numerous accolades for the quality of our counsel and our commitment to our clients.

Don’t settle for less than you deserve. Call us today for a free case consultation.

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