Pain and Suffering Compensation in South Carolina Personal Injury Cases

11.28.25

 

When you’re hurt because of someone else’s negligence, the medical bills and lost wages are only part of the story. The real impact often shows up in the pain you live with, the anxiety that hits you at night, or the hobbies and relationships your injuries now limit.

This is why pain and suffering compensation exists – to compensate victims for the non-economic harm an injury causes.
In South Carolina, these damages can be substantial, but the rules behind them are more complex than most people realize.

Below is a clear, SC-specific guide to how pain and suffering works, how it’s calculated, and what your claim may be worth.


What Counts as Pain and Suffering in South Carolina?

Pain and Suffering Compensation in South Carolina

Pain and suffering includes the physical and emotional impact your injury has on your daily life.
Under South Carolina law, this generally includes:

Physical Pain

  • Ongoing pain from injuries
  • Long-term or permanent discomfort
  • Complications from surgeries or treatment
  • Loss of mobility or chronic conditions

Emotional & Mental Suffering

  • Anxiety
  • Depression
  • Insomnia
  • Trauma or PTSD after an accident
  • Loss of enjoyment of life

Lifestyle Impacts

These are huge factors in valuation:

  • Can’t work normally
  • Can’t lift kids, play sports, exercise
  • Strain on relationships
  • Inability to enjoy hobbies or social activities
Seek medical attention - even if you feel fine after a personal injury

How Is Pain and Suffering Compensation Calculated in South Carolina?

How Is Pain and Suffering Compensation Calculated in South Carolina?

There’s no universal formula, but South Carolina adjusters, attorneys, and courts typically use two main methods:

1. The Multiplier Method

Your economic damages (medical bills, lost wages) are multiplied by a number between 1.5–5+, depending on:

  • Severity of injuries
  • Permanency
  • Required medical treatment
  • Level of life disruption
  • Fault and liability clarity

Example:
$25,000 in medical bills × 3 multiplier = $75,000 pain and suffering compensation

2. The Per-Diem Method

A daily dollar amount is assigned for every day you suffered until you reached maximum medical improvement (MMI).

Example:
$200/day × 120 recovery days = $24,000 total

Important SC-Specific Factors

South Carolina factors that influence your pain and suffering value:

  • Comparative Negligence: If you’re found partially at fault (ex: 10%), your total compensation is reduced.
  • Treatment Gaps: Insurance companies attack missed appointments harshly.
  • Objective Proof: Medical imaging, specialist notes, prescriptions, and consistent treatment help.
  • Permanent Impairment Ratings: These dramatically increase settlement value.

Average Pain and Suffering Compensation in South Carolina

South Carolina Personal Injury Case - Pain and Suffering

There’s no official average because cases vary widely. However, typical ranges look like:

  • Mild soft-tissue injuries: $5,000 – $25,000
  • Moderate injuries (fractures, surgeries): $25,000 – $250,000
  • Severe or permanent injuries: $250,000 – $1,000,000+
  • Catastrophic injuries (TBI, paralysis, amputation): $1M – $10M+

Your personal injury lawyer’s ability to document and argue these damages significantly impacts your case.


Car Accident Pain and Suffering Compensation

car accident personal injury attorney in SC

For South Carolina car accidents, pain and suffering depends on:

  • Impact severity
  • Medical documentation
  • Permanency of injuries
  • Whether you sought treatment right away
  • Whether injuries limited your ability to work

Insurance companies pay the least when:

  • You waited days to get medical care
  • You stopped treatment early
  • You only saw a chiropractor with no imaging

They pay the most when:

  • You have imaging (MRI, CT, X-rays)
  • You see specialists
  • You follow a treatment plan
  • Your attorney builds a strong narrative

Workers’ Comp Pain and Suffering: Can You Get It in South Carolina?

Steps to Take Immediately After an Accident to Protect Your Rights and Your Personal Injury Claim

This is where many people get confused.

South Carolina does NOT allow pain and suffering compensation in standard workers’ comp claims.

BUT — you may recover pain and suffering if:

  • A third party caused your injuries (ex: subcontractor, driver, manufacturer)
  • There is a product liability claim
  • Your employer intentionally harmed you (rare)

These third-party cases dramatically increase compensation beyond the workers’ comp system.


Do Pain and Suffering Calculators Work?

Online calculators only estimate very broad ranges.
They can’t account for:

  • Permanent impairment
  • Liability disputes
  • Insurance company tactics
  • Medical credibility
  • SC-specific comparative negligence laws

A real calculation requires medical review + an experienced personal injury lawyer.


Frequently Asked Questions (SEO-Optimized Q&A)

1. What is pain and suffering compensation?

Money awarded for the physical pain and emotional harm caused by an injury.

2. How much compensation can I get for pain and suffering?

Settlements in SC typically range from $5,000 to several hundred thousand dollars depending on severity, treatment, and permanency.

3. How is pain and suffering calculated in personal injury cases?

Through the multiplier or per-diem method. The multiplier (1.5–5+) is most common in South Carolina.

4. What affects the amount of pain and suffering compensation?

Medical treatment, imaging, long-term pain, permanent impairment, daily life limitations, and whether you were partly at fault.

5. Do I need a personal injury lawyer to get pain and suffering?

Technically no — but insurance companies almost never pay fair pain and suffering without a lawyer, especially in SC.

6. Can veterans receive additional pain and suffering compensation?

Yes. Veterans injured in civilian accidents have the same rights to compensation as anyone else, and their military background is often helpful in proving lifestyle impact.

7. Can I get pain and suffering in a workers’ compensation claim?

Not through workers’ comp — only through a third-party personal injury claim.


When to Call a South Carolina Personal Injury Lawyer

You should contact an attorney when:

  • You’re in pain longer than expected
  • Your doctor mentions long-term effects
  • Your injury affects your job, family, or hobbies
  • The insurance company lowballs or denies you
  • You have questions about your rights

Pain and suffering is often the largest part of a settlement, and without legal help, that category is the first thing insurers try to minimize.

Mastantuno Law Firm helps injured South Carolinians build strong cases that capture the full value of their physical and emotional losses.

Contact us today for a free consultation.

J Allen Mastantuno Charleston Personal Injury Attorney
J Allen Mastantuno Charleston Personal Injury Attorney