Pain and suffering damages are available to certain injured victims in North Carolina. If some person or company caused you to be injured, you can make a claim for pain and suffering damages. The purpose of these damages is to provide compensation for physical discomfort endured due to injuries resulting from an accident.
Pain and suffering compensation is available in civil lawsuits. Those who receive benefits for a workplace injury through workers’ compensation are not entitled to pain and suffering compensation. If a victim has a civil case, the case may also be settled outside of court if an agreement can be reached on appropriate compensation.
When available, pain and suffering damages are considered compensatory damages. This means the amount of compensation for pain and suffering in malpractice cases is limited by damage caps imposed in 2011 by Senate Bill 33. No more than $500,000 in total compensatory damages, including pain and suffering damages, can be paid to a victim harmed by medical negligence.
Determining the amount of pain and suffering damages in any case is a challenge. Insurers may use a per diem formula and pay a set amount based on a person’s average daily wage times the number of days the victim experienced pain. A pain multiplier may also be used, which involves multiplying total economic damages (damages for lost wages and medical costs) times a set number (the pain multiplier).
If you have been hurt and need help recovering compensation for pain and suffering, you should contact a Charlotte injury lawyer. Your attorney can help you prove the extent of pain and can offer assistance in negotiating a settlement or pursuing civil litigation to obtain appropriate compensation.