In South Carolina, an individual may be able to recover for pain and suffering related to an automobile accident. As with past and future medical expenses, the ability of an individual to recover for such damage will be dependent upon a number of factors, including but not limited to:

  • The causal relationship between these conditions and the accident
  • The physical and mental condition of the injured party as a result of the accident
  • Any medical bills (such as counseling or psychological/psychiatric services) which the injured part may have incurred as a result of the accident

Here are some of the most common questions related to pain and suffering as these condition relate to a personal injury/automobile accident claim:

At what point does pain and suffering become a compensable condition?

There is no bright line rule regarding when pain and suffering becomes a compensable condition. Medical conditions resulting from such injury will certainly be a consideration to the extent they show the individual was in pain and suffered as a result of the accident. It is essential that you keep track of any and all medical records related to your personal injury claim, including but not limited to any counseling which you may have undergone, as the ability to show the pain and suffering which resulted from the accident will be essential to a claim for pain and suffering. A skilled attorney can help to evaluate pain and suffering, in addition to the other damages (including but not limited to lost wages and medical expenses) which you may have sustained as a result of your automobile accident.

Can family members recover?

The ability of a family member of an injured party to recover is commonly referred to as a “loss of consortium” claim. A loss of consortium, in legal terms, is the inability of one’s spouse to have normal “marital relations” as a result of the accident. In such a case, the uninjured spouse can join in the injured mate’s lawsuit on a claim of loss of consortium. A skilled attorney can help to evaluate whether you have a loss of consortium claim.