When someone is injured in an accident, they may face more than just medical bills and lost wages. The physical pain, emotional distress, and overall impact on daily life are often just as devastating. These types of damages are called pain and suffering damages.
But how are they actually calculated in North Carolina? This article explains what pain and suffering mean, how courts and insurance companies calculate it, and the special rules that apply in North Carolina.
What Are Pain and Suffering Damages?
Pain and suffering damages are a type of non-economic damages. Unlike medical bills or lost income, which can be added up with receipts, pain and suffering focuses on the personal toll of an injury.
This may include:
- Physical pain caused by the injury and treatments
- Emotional distress, anxiety, or depression
- Loss of enjoyment of life, such as not being able to play with your kids or enjoy hobbies
- Permanent disabilities, scars, or disfigurement
Because these damages are personal and harder to measure, calculating them is more complex than adding up financial losses. Still, they are important in ensuring injured people are fairly compensated. In short, pain and suffering covers the real human impact of an accident, not just the financial losses.
Methods Used to Calculate Pain and Suffering
There’s no exact formula under North Carolina law for deciding how much pain and suffering is worth. However, two common methods are often used during settlement talks or trials:
The Multiplier Method
With this approach, the injured person’s economic damages (like medical bills and lost wages) are multiplied by a number—often between 1.5 and 5. The multiplier depends on the severity of the injury. For example, a broken arm may be valued at a lower multiplier than a permanent spinal injury.
The Per Diem Method
This method assigns a daily dollar amount to the person’s pain and suffering, then multiplies it by the number of days they are expected to suffer. For instance, if pain is valued at $200 per day and recovery takes 200 days, the total would be $40,000.
While neither method is perfect, both give juries and insurers a framework for estimating damages. Ultimately, the value often depends on the evidence and how convincingly the injury’s impact is shown.
Evidence That Supports Pain and Suffering Claims
Since these damages can’t be measured with receipts, evidence is critical.
A strong case may include:
- Medical records documenting the severity of injuries and treatments
- Testimony from doctors explaining the long-term impact
- Personal journals or testimony from the injured person describing daily pain or struggles
- Photos or videos showing physical injuries and limitations
- Statements from family and friends about lifestyle changes
The more clearly a victim can show how their life has been affected, the more likely they are to receive fair compensation.
North Carolina’s Unique Rules
North Carolina has some important rules that affect pain and suffering damages.
Contributory Negligence Rule
North Carolina is one of the few states that still follow pure contributory negligence. This means if you are even 1% at fault for the accident, you may be barred from recovering any damages, including pain and suffering. There are narrow exceptions, but this rule makes proving fault very important.
Medical Malpractice Damage Cap
In most personal injury cases in North Carolina, there is no cap on pain and suffering damages. However, for medical malpractice cases, state law limits non-economic damages. As of 2023, that cap is set at $656,730, adjusted for inflation every three years. This cap does not apply to economic damages like medical bills or lost income.
Punitive Damages Are Separate
Punitive damages, which are meant to punish the wrongdoer, are not the same as pain and suffering damages. North Carolina caps punitive damages at the greater of three times the compensatory damages or $250,000. Pain and suffering are strictly meant to compensate the victim, not punish the defendant.
Why Legal Representation Matters
Because there is no set formula, insurance companies often try to minimize pain and suffering claims. They may argue the injuries aren’t severe or that recovery was quicker than claimed.
An experienced personal injury lawyer in North Carolina can gather evidence, work with experts, and present a compelling case for fair compensation. Having legal help ensures that the human side of your injury—the pain, emotional distress, and life changes—is not overlooked or undervalued.
Contact the Durham Personal Injury Lawyers at Riddle & Riddle Injury Lawyers for Help Today
Proving pain and suffering damages is one of the most challenging parts of a personal injury case. They require clear evidence, strong advocacy, and a deep understanding of North Carolina law. While these damages can’t undo what happened, they are designed to provide a sense of justice and financial support for the hardships caused by an accident.
If you or a loved one has been injured in North Carolina, Riddle & Riddle Injury Lawyers is here to help. Contact us today at (919) 728-1770 for a free consultation with a Durham personal injury lawyer.