October 17, 2024
In North Carolina, individuals injured due to someone else’s negligence may be entitled to compensation for pain and suffering. This compensation addresses the physical pain and emotional distress that victims endure as a result of their injuries. Understanding how pain and suffering damages are calculated and what factors influence these claims is crucial for anyone considering a personal injury lawsuit.
Pain and suffering damages refer to non-economic losses experienced by an injured party after an accident. Unlike economic damages, which are easily quantifiable (like medical bills or lost wages), pain and suffering encompass the emotional and psychological impacts of an injury, including:
Calculating pain and suffering in North Carolina can be complex, as there is no fixed formula. Courts typically use one of two primary methods:
This method involves calculating your economic damages—such as medical expenses and lost income—and multiplying that total by a number between 1.5 and 5. The multiplier reflects the severity of your injuries and the extent of your suffering.
The per diem method assigns a daily rate to your pain and suffering, which is then multiplied by the number of days you are expected to experience discomfort. For instance, if you assign a value of $100 per day for pain and suffering over a recovery period of 30 days, you could claim $3,000.
See also: What to do after a car accident in North Carolina
Several factors can influence the amount awarded for pain and suffering in North Carolina:
North Carolina follows a contributory negligence rule, which can affect an injured person's ability to recover compensation. Understanding legal guidance for sports professionals facing injury claims is crucial for athletes navigating personal injury laws and maximizing their compensation.
Additionally, while there is generally no cap on non-economic damages in personal injury cases, medical malpractice cases have a limit set at $500,000 for pain and suffering damages. This cap aims to prevent excessive jury awards but does not apply to economic damages like medical expenses.
Read: Can I Get Pain and Suffering Compensation for My E-Scooter Injury in NC?
If you've been injured in a car accident due to someone else's negligence, you shouldn't have to navigate the legal system alone. Bet on us to win your case. At Hall & Dixon PLLC, we fight for individuals and families who are facing the physical, emotional, and financial aftermath of serious auto accidents.
From medical bills and lost income to pain, suffering, and long-term care, our attorneys understand the full impact of personal injury—and we’re here to help you pursue the compensation you rightfully deserve.
✅ Aggressive representation against insurance companies
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Don't wait—North Carolina law limits the time you have to file a personal injury claim. Let us help you protect your rights and secure your future.
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