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Understanding Pain and Suffering Damages: What You Need to Know

Attorney Gary Christmas in front of injured person affected by non economic damages

Your pain matters. We’ll make sure the full weight of what you’ve endured is heard and addressed.

When you’re dealing with the aftermath of a personal injury, there’s more to your experience than just the bills and missed work. You may be facing deep, invisible wounds that don't appear on X-rays or invoices. These are called pain and suffering damages, and at Christmas Injury Lawyers, we make it our mission to ensure they’re never ignored.

What Are Pain and Suffering Damages in a Personal Injury Claim?

Collage depicting important factors in determining compensation for pain and suffering damages in a personal injury lawsuit

In every personal injury claim, you have two categories of losses: economic damages and non-economic damages. The first includes things like medical bills and lost wages—expenses you can quantify. The second, though, involves your emotional distress, physical pain, and all the ways your life has been upended.

Pain and suffering damages aim to provide compensation for:

  • The physical discomfort caused by your serious injuries
  • Ongoing chronic pain or debilitating pain
  • The emotional trauma and mental anguish that follow a car accident
  • Conditions like post traumatic stress disorder or sexual dysfunction
  • Changes in relationships, isolation, or loss of joy in daily life

These are called non economic damages because they don’t come with a receipt—but that doesn’t make them any less real or any less important.

Mental Pain: When Emotional Distress Takes Over Your Life

Picture showing pain and suffering in a personal injury case

You’re not just hurting on the outside. Emotional pain and mental pain can take a heavy toll. You might feel like you’re no longer the same person. You could struggle with sleep, relationships, or even getting out of bed. These are symptoms of mental suffering—and you have the right to seek damages for them.

We work closely with mental health professionals and medical professionals to fully document the emotional distress our clients experience after an accident.

If you're the injured party in a personal injury lawsuit, your suffering isn't invisible to us. It’s part of your story. And we’ll make sure it’s part of your case.

Pain and Suffering Compensation: How It’s Determined

You may be wondering how you can possibly calculate pain or suffering endured. The truth is, there’s no exact formula. But your experienced personal injury attorney at Christmas Injury Lawyers will rely on years of litigation knowledge to present compelling arguments backed by:

  • Medical evidence of long-term or maximum medical improvement
  • Personal diaries or personal journals documenting your mental anguish
  • Testimonies from family members, friends, or caregivers
  • Expert evaluations from medical professionals

Whether it’s bodily injury, mental pain, or both, we work to show how the accident affected your daily life—and what that’s truly worth.

Non Economic Damages vs. Economic Damages: What’s the Difference?

medical bills and emotional distress

While economic damages cover things like lost income, medical expenses, and financial losses, non economic damages like suffering claims address the intangible fallout from someone else’s negligence.

If your personal injury case includes both types of damages—and most do—our team ensures that no part of your experience is left out.

You’ve been through enough. We’re here to help you recover compensation for every element of your suffering.

Fighting the Insurance Company for a Fair Settlement

Let’s be real: the insurance company isn’t in the business of caring about your emotional pain or mental suffering. They’re trained to downplay suffering damages pain and minimize payouts.

That’s why you need a team that won’t back down.

We know their strategies. We know their language. And we know how to make them pay attention to the evidence presented, the evidence provided, and the suffering awards you deserve.

With a proven track record in personal injury lawsuits, we’ll work to negotiate a fair settlement—and if they won’t listen, we’re not afraid to take your pain and suffering claim to trial.

FAQs About Understanding Pain and Suffering Damages

What’s included in pain and suffering damages?

These damages cover both physical pain and emotional distress—including conditions like PTSD, depression, and anxiety. They also address your loss of enjoyment of life and strain on personal relationships.

How do I prove emotional pain and mental suffering in my personal injury claim?

You can use medical records, therapy notes, personal journals, and statements from family members to support your pain and suffering claim. Expert testimony from mental health professionals is also powerful.

Can pain and suffering damages be taxed?

Typically, suffering compensation related to physical injuries isn’t taxed. However, specific details may vary, so it’s wise to consult with a tax advisor.

What role does the insurance company play in calculating damages?

The insurance industry often tries to downplay or deny suffering claims. That’s why you need a skilled personal injury lawyer to advocate for a fair settlement and fair compensation.

How do you calculate pain and suffering damages?

There’s no strict formula, but we factor in medical treatment, severity of injuries, how your daily life has been impacted, and expert evaluations. It’s about telling your story and presenting compelling arguments to get the recognition you deserve.

Start Your Pain and Suffering Claim with a Free Consultation

Personal injury attorney working to prove pain and get medical treatment

If you’re dealing with pain, emotional trauma, and financial losses after an accident, you don’t have to face it alone. You have the right to recover compensation for the full scope of your injuries—both visible and invisible.

Let us help you tell your story.

Call Christmas Injury Lawyers today at (843) 380-4112 or click on “Contact Us” to schedule your free consultation.

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Our Charleston Personal Injury Lawyers are Here to Help You

At Christmas Injury Lawyers, our South Carolina injury lawyers provide representation after collisions, work accidents, construction accidents, accidents on property, and many other types of personal injuries. We believe firmly in the rights of injured victims and we have dedicated our careers to fighting for those whose lives have been derailed by accidents.

North Charleston Office
(843) 874-6564
1495 Remount Road
North Charleston, SC
Summerville Office
(843) 874-6564
105 S Cedar 
Suite D 
Summerville, SC 29483
Mt. Pleasant Office
(843) 874-6564
250 Mathis Ferry Road.
Suite 102
Mt. Pleasant, SC 29464
Columbia Office
(803) 766-0707
3135 Millwood Ave
Suite A3
Columbia, SC 29205
Disclaimer: The information on this website is for general information purposes only. Nothing on this site should be taken as advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute client relationship. Every case is different and past results do not mean that the same results can be achieved in a different case. For contingency fees, attorney's fees are calculated before client case costs/expenses. 
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