¿Cómo se calcula el dolor y el sufrimiento en North Carolina?

If you or someone you love has been hurt in North Carolina, you’re likely wondering, “How is pain and suffering calculated in North Carolina?” Pain and suffering, unlike hospital bills or lost income, are forms of damage that do not have a specific price tag. This doesn’t make them any less real, or mean that you don’t deserve compensation for them.

North Carolina personal injury laws put pain and suffering under “daños no económicos”. These types of damages are awarded to personal injury victims to address emotional distress, mental anguish, physical pain, and loss of enjoyment of life associated with an injury caused by an accident. As there are no specific numbers tied to these consequences, determining their value is more complex and typically depends on many factors.

What Courts Consider When Calculating Pain and Suffering?

When it comes to North Carolina law for calculating pain and suffering, there is no fixed formula for calculating these types of damages. Tactics used by courts and insurance companies can vary widely, but generally, the following factors are considered:

• Injury severity. A debilitating spinal cord injury that leads to partial or full paralysis is much more likely to be tied to greater “non-economic damages” than whiplash that causes chronic migraines and neck pain.
• Recovery duration. If an injury takes years to recover from, rather than weeks or months, it is likely to result in a larger settlement. Likewise, if the injury leads to permanent disability, payouts can be larger.
• Impact on daily life. When an injury has a significant impact on daily life, restricting the ability to carry out chores around the house or even enjoy activities that the victim used to regularly engage in, this can be taken into account by courts or insurance companies.
• Emotional trauma. Beyond physical scars, injuries caused by personal injury accidents can lead to lasting mental trauma. Non-economic damages, such as pain and suffering, take this into account, considering evidence such as statements from mental health care professionals and daily diary entries.
• Hard evidence. A variety of evidence may be used to consider a settlement for pain and suffering, such as testimony from loved ones, psychologists, or doctors, therapy notes, and pain journals.

Each case is highly unique, with attorneys and adjusters using different methods, such as the ‘per diem method’ or ‘multiplier method’. Because calculation methods can be arbitrary or inaccurate, it’s important to work with an attorney who understands local court systems and insurance companies. This knowledge of the local landscape can help them calculate your accident’s true value and fight for optimal settlement amounts.

The Scope of Injury in North Carolina

Según la CDC WISQARS database, there were 8,079 unintentional injury deaths recorded in North Carolina in 2023. This translates to a crude death rate of 74.56 per 100,000 people and an age-adjusted rate of 71.75, which contributes to an alarming 133,583 years of potential life lost.

For victims and their family and friends, these numbers are more than just statistics, but rather an all too real and painful reminder of the physical and emotional burdens that come with injuries. Compensation for pain and suffering ensures that these losses are not ignored.

When to Hire a Personal Injury Lawyer?

If the pain from your accident is more than just temporary discomfort, it’s time to contrate a un abogado de lesiones personales. They can help you recover an amount that you deserve by working through complicated negotiations with insurers, building up a robust case using professional testimony and documentation, and filing your case on time.

Preguntas frecuentes

What Qualifies as Pain and Suffering in a North Carolina Injury Case?

In a North Carolina injury case, pain and suffering can include both the emotional distress and the physical discomfort that comes in the wake of an injury caused by the recklessness or wrongdoing of another individual or party. Examples can include anxiety, depression, loss of enjoyment of life, post-traumatic stress disorder, and chronic pain. Pain and suffering is non-economic damage that can be awarded in addition to lost income and medical expenses.

Is There a Formula for Calculating Pain and Suffering in North Carolina?

There is no strict formula for calculating pain and suffering in North Carolina. As an alternative, attorneys and insurers may use different methods, such as the per diem or multiplier method. The multiplier method multiplies all economic damages by a factor, while the per diem method assigns a daily dollar amount. It is ultimately up to a jury or insurance adjusters to determine how amounts should be calculated.

Can I Still Recover Pain and Suffering Damages If I Was Partially at Fault?

No, it is not possible to recover pain and suffering damages even if you were only partially at fault. This is because North Carolina follows strict contributory negligence rules, unlike most states. This means that even if you are found to be 1% at fault for the accident in question, you could be restricted from being able to recover any damages, including those for pain and suffering.

Are There Caps on Pain and Suffering in North Carolina?

For the majority of patients suffering cases in North Carolina, there is no cap on damages associated with pain and suffering. The only types of cases that are subject to a financial cap are medical malpractice cases. For example, as of 2023, the cap for non-economic damages associated with medical malpractice cases was $562,338, which is updated every 3 years to adjust for inflation.

How Do I Prove Pain and Suffering in Court?

You could work to prove pain suffering in court by including crucial evidence, such as photos of injuries, testimony from professionals, daily journaling about pain, mental health documentation, and medical records. Other credible evidence may include statements from family members or friends about changes in your behavior or lifestyle following your accident. A dedicated attorney can help you find the right evidence to back your case.

Call for a Case Review

If you are suffering after an accident caused by the recklessness or wrongdoing of another person or party and are wondering how much your compensation may be worth, it’s important to get answers instead of guessing. Our personal injury legal team at Steven T. Meier, PLLC, is eager to help you get the support and answers you need. We can calculate the real damages that reflect your true post-accident experience.

Call us today or fill out our online form to schedule your consultation. We work to make sure insurance companies pay you what you are worth.