October 17, 2024
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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, meaning if you are found to be even slightly at fault for the accident, you may be barred from recovering any compensation for pain and suffering. Establishing clear liability is therefore essential.
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.
