Pain and Suffering Settlement Examples in North Carolina [2024]

When someone causes a serious injury, victims of those acts may suffer both physical and emotional harm. As part of a personal injury claim, your attorney may seek non-economic damages to compensate you for the pain and emotional distress you suffered due to someone else’s negligent acts. If you are seeking this form of compensation, you should understand pain and suffering settlement examples in North Carolina.

What Constitutes Pain and Suffering in Court?

When seeking compensation for an injury through the courts, there are two general forms of compensation: economic and non-economic compensation. Economic damages are fairly easy to calculate because they refer to lost wages, property damage, and other measurable forms of damage that the at-fault party may be financially liable for repaying. Pain and suffering are classified as forms of non-economic compensation.

Pain and suffering refer to the emotional harm, pain, and mental anguish a person experiences following an injury. Pain and suffering are classified as non-economic because the damages awarded are meant to compensate for the intangible impact of an injury. These damages can include the loss of enjoyment of life and other forms of suffering that reduce the victim’s quality of life.

When determining pain and suffering in court, various factors are considered, such as the severity and permanence of the injury, the extent of medical treatment required, and the impact on the victim’s daily life.

Examples of Pain and Suffering Settlements in North Carolina

Any personal injury case could potentially involve compensation for pain and suffering. Following a serious car accident, a passenger who was struck by a semi-truck and seriously injured could endure emotional trauma from the near-death experience.

The physical pain following the incident and through recovery can lead to emotional scars. With the help of a personal injury lawyer, the injured victim could be compensated for lost wages, medical bills, and pain and suffering. Pain and suffering can add substantially to the final settlement amount.

Medical malpractice injuries can also lead to compensation for pain and suffering. Patients place great trust in doctors. When a surgery goes wrong, a diagnosis is missed, or a treatment is improperly administered, the resulting pain and suffering can be substantial.

Compensation in these cases may cover not only the physical pain endured but also the emotional trauma, anxiety, and loss of enjoyment of life caused by the medical provider’s negligence.

In North Carolina, victims of medical malpractice may pursue these non-economic damages alongside other financial losses to address the full scope of their injuries. North Carolina caps non-economic damages for medical malpractice at $656,730, although that figure is reviewed on an annual basis.

Pain and Suffering in Wrongful Death Cases

Pain and suffering can also be included in wrongful death settlements. When someone causes another person’s death, surviving loved ones often suffer emotional harm. In a wrongful death case, this is referred to as loss of companionship.

Surviving family members can seek non-economic damages for the loss of the decedent’s love, care, guidance, comfort, and affection. The courts recognize the void left in the lives of the survivors who can no longer enjoy the presence and relationship they had with the deceased. Compensation for loss of companionship can be a significant factor in determining the damages awarded in a wrongful death lawsuit.

How an Attorney Can Help You Receive Compensation for Pain and Suffering

Although pain and suffering may seem like an abstract concept, there are established formulas for estimating how much a plaintiff should be compensated for in a pain and suffering claim. A North Carolina pain and suffering attorney may consider factors like:

• The severity of the injury
• Impact on the plaintiff’s daily life
• Medical treatments
• Length of recovery
• Testimony from expert witnesses

There are multiple formulas for estimating the value of pain and suffering for settlement purposes. The multiplier method considers the economic damages (medical bills, lost wages), which are then multiplied by a number (typically between 1.5 and 5).

The per diem method uses a daily rate that is assigned to the victim’s pain and suffering. This daily rate is then multiplied by the number of days the person is expected to experience that pain. The defendant may make a counteroffer based on your attorney’s estimates. Ultimately, the amount awarded is often determined by negotiations between attorneys.

FAQs

Q: How Much Is Pain and Suffering Worth in North Carolina?

A: Pain and suffering is calculated from several factors that can include emotional harm, pain, loss of companionship, and mental anguish, among others. The value of pain and suffering can range significantly from case to case. One way you can increase the chances of successfully including pain and suffering in a settlement is by working with an experienced personal injury lawyer who has previously helped clients receive fair compensation for pain and suffering.

Q: How Much Money Can You Get for Pain and Suffering?

A: The amount you may receive for pain and suffering depends on the details of your case. The state of North Carolina generally does not cap pain and suffering except for in medical malpractice cases, and they can add significantly to your eventual settlement’s size. Your attorney can seek non-economic damages on top of economic damages as part of your personal injury claim.

Q: How Much Can I Sue for Emotional Distress in North Carolina?

A: Emotional distress can be included in your settlement for pain and suffering. Your personal injury lawyer can calculate the level of emotional distress you suffered and multiply that value by the number of days you suffered as a result of the injury. Ultimately, the final figure that you are compensated for may depend on negotiations between your lawyer and the defendant’s attorney.

Q: Do All Personal Injury Cases Involve Pain and Suffering?

A: Not every personal injury case involves pain and suffering, but there is the possibility that any injury can lead to emotional harm and physical pain. If you were in great pain following your accident and were traumatized by the event, you can discuss the possibility of including pain and suffering in your eventual settlement with your attorney.

Schedule Your Pain and Suffering Settlement Consultation

You should not have to live with the traumatic consequences of someone else’s negligent acts. Along with economic damages, your attorney can seek compensation for your pain and suffering. The Law Offices of Wade E. Byrd P.A. has helped injury victims receive favorable settlements following an emotionally traumatic injury.

We bring decades of experience to your case, and we can work tirelessly to see that you are fully compensated for your injuries. To schedule your consultation, contact our office today.