Pain and Suffering Settlement Examples in North Carolina

When an individual has suffered a personal injury in North Carolina, pain and suffering damages can be a vital piece of their overall settlement. However, these damages are often misunderstood as they are harder to calculate than other forms of compensation, like medical costs or lost wages. If you have suffered a personal injury, it can be helpful to know a few pain and suffering settlement examples in North Carolina.

Unlike medical expenses or lost income, your personal pain and suffering does not hold a specific dollar amount. However, this doesn’t make you any less deserving of this compensation. Many individuals will wonder how much they can expect to obtain for pain and suffering, and the answer will lie in the facts of your case and the severity and nature of your injuries. If you have suffered a personal injury in North Carolina, Christina Rivenbark & Associates is here to help.

Defining Pain and Suffering in North Carolina

North Carolina is no stranger to personal injury accidents. From car accidents along I-40 or I-80 to slip and falls at a Charlotte place of work to a dog attack injury in your neighborhood in Winnabow, these accidents happen every day. In fact, North Carolina saw an 8.9% increase in motor vehicle accidents alone in 2021 compared to the numbers seen in 2020, as highlighted by recent North Carolina car accident statistics.

However your personal injury comes about, there are two main forms of compensation you may be entitled to seek. These include:

• Economic damages: These damages are easy to calculate because they typically come with assigned monetary values. Examples of economic damages usually include medical bills, lost wages, the loss of future earning ability, and property damages.
• Non-economic damages: These damages are more difficult to assign a monetary value to as they are less tangible than economic damages. Pain and suffering is considered a non-economic damage and can refer to the emotional distress, physical pain, or mental anguish you suffer after the event of an injury.

Any personal injury accident can leave a victim dealing with severe pain and suffering. A serious trucking accident in Greensboro can leave an individual dealing with severe anxiety, depression, sleep disturbances, post-traumatic stress disorder, or the inability to venture out onto the roadways even once they have physically healed. Trucking accidents are some of the most terrifying, and many victims can suffer emotional trauma from a near-death experience.

Another example can include seeking compensation for the physical pain faced after an injury. If you slip and fall on a Gastonia property, such as in a grocery store or office complex, you may be able to seek pain and suffering damages for a broken bones injury, including physical pain due to a broken leg or hip. In 2022, over 8.5 million people nationwide sought emergency medical attention after suffering fall-related injuries.

A final example of a common pain and suffering settlement in North Carolina can include cases of medical malpractice. When an individual enters a hospital or doctor’s office for routine or necessary treatment, they are placing their trust in the hands of their healthcare providers. When this trust is betrayed through a surgical mistake, a misdiagnosis, or a medication error, you can suffer severe emotional trauma and pain.

Compensation in a medical malpractice case can cover both the physical pain you have sustained and any emotional trauma, depression, anxiety, or the loss of the enjoyment of life that has been caused by your healthcare provider’s negligence or reckless behavior.

Calculating North Carolina Pain and Suffering Damages

When you sustain an injury in North Carolina due to the negligence, recklessness, or even the intentional wrongdoing of another party, you have the right to seek a claim against them. In this claim, you may be able to secure damages for pain and suffering. If the liable party and their legal team refuse to agree on a fair personal injury settlement amount, you may take your case to court, where a judge will determine how much compensation is fair, a process that often involves calculating pain and suffering.

When a North Carolina judge is called to make this determination, they will calculate the amount of pain and suffering damages you can receive based on the following factors:

• The severity and nature of your injuries
• The amount of time your injuries are expected to last
• Your overall health and current age
• How your personal pain and suffering affects your mental health
• How your personal pain and suffering limits your ability to take part in daily activities
• How your personal pain and suffering impacts your relationships with loved ones

FAQs

Q: What Is the Cap on Non-Economic Damages in an NC Medical Malpractice Claim?

A: In North Carolina, for medical malpractice claims, there is a legal cap on how much your non-economic damages, including those for pain and suffering, can amount to. Currently, the figure sits at $656,730, which means that you can seek no more than this amount for medical malpractice non-economic damages.

Q: Can You Seek Pain and Suffering Damages in a Wrongful Death Case?

A: If you have lost a loved one, such as a spouse or child, in a personal injury case, you may be able to seek damages for emotional harm. In wrongful death cases, however, pursuing a wrongful death settlement may allow you to recover compensation not for pain and suffering damages, but rather for loss of companionship. It’s important to be aware of the wrongful death statute of limitations in North Carolina, as you can also seek non-economic damages for the loss of your loved one’s care, comfort, guidance, love, and affection.

Q: How Can I Prove Pain and Suffering?

A: Since there is no hard evidence or receipts that can prove a dollar value for your pain and suffering damages, you will have to rely on evidence such as prescription medications you have been given, like antidepressants and painkillers, testimony from close friends and family members on how your pain has impacted your life, along with testimony from your healthcare providers.

Q: How Can an Attorney Help Me?

A: Although seeking pain and suffering damages in a North Carolina personal injury settlement may seem complicated, having an attorney by your side can help ensure you get the compensation you deserve. Your attorney can determine the cause of the accident and the party who is liable and confidently represent you through all necessary negotiations or litigation.

Speak to a Trusted North Carolina Personal Injury Lawyer Today

If you have found yourself injured due to the negligent actions of another, you may be able to seek compensation. At Christina Rivenbark & Associates, we have over 30 years of experience fighting for the rights of our clients. Contact our offices today to schedule your free consultation.