When someone’s negligence or intentional actions cause you significant emotional suffering, it’s natural to wonder how much you can recover through a personal injury claim. In Myrtle Beach, South Carolina, the emotional toll of an injury whether or not it involves physical injuries can lead to compensation under state personal injury laws.
Understanding Emotional Distress Claims
In South Carolina, emotional distress claims can fall under non-economic damages. These damages are designed to compensate for intangible losses such as mental anguish, loss of enjoyment, and chronic pain. Unlike medical bills or property damage, emotional distress is harder to quantify, but it is just as real and life-altering.
Courts in Myrtle Beach consider a wide range of factors to determine the value of emotional distress damages, including the severity of the distress, how long it lasts, how it affects your daily life, and whether it results in a diagnosed mental health condition such as anxiety, depression, or sleep disturbance.
Types of Damages You May Recover
In your personal injury lawsuit, you may be eligible for several types of damages, including:
- Compensatory damages: These cover both economic and non-economic damages, such as lost wages, medical costs, and emotional suffering.
- Punitive damages: In rare cases involving gross negligence or malicious conduct, punitive damages may be awarded to punish the liable party.
- Special damages: This includes calculable expenses like therapy, psychiatric evaluations by a medical professional, and related costs.
Factors That Affect Compensation Amount
There’s no fixed dollar amount for emotional distress damages, but several factors influence the outcome of your legal action:
- Whether your emotional trauma is accompanied by severe injuries
- The availability of expert witnesses to testify about your mental suffering
- Documentation from a medical professional
- The credibility of witness statements, accident reports, and police reports
- How your distress has impacted your quality of life and enjoyment of life
It’s important to consult personal injury lawyers who understand how South Carolina law applies to emotional damages. A knowledgeable attorney can guide you in assembling compelling evidence to support your claim.
Proving Emotional Distress in Myrtle Beach
South Carolina courts recognize the serious nature of emotional injuries. Whether your distress stems from motor vehicle accidents, workplace accidents, defective products, or hazardous conditions, the burden lies on the injured party to prove the emotional harm experienced.
You must show that the fault party or negligent party owed you a duty of care and that a breach of this duty caused you significant emotional injury. Documentation, including diagnoses, therapy records, and skilled testimony, plays a key role.
The Role of Insurance Companies
Often, your insurance company or that of the fault driver will try to minimize or deny your emotional distress claim. That’s why having a dedicated team of personal injury lawyers is crucial. They can communicate with the insurance company, evaluate the insurance policy, and fight for your fair compensation.
What Can You Realistically Expect?
Depending on the facts of your case, you may recover anywhere from a few thousand dollars to six or seven figures in emotional distress compensation. These estimates vary depending on:
- Impact on your daily life
- Degree of emotional suffering
- Presence of physical pain or injuries
- Amount of financial losses, including therapy costs
- Evidence showing diminished quality of life
If your case involves wrongful death claims, Traumatic brain injuries, or loss of companionship, your maximum compensation could significantly increase.
Navigating emotional distress lawsuits in Myrtle Beach requires experience and legal knowledge. A skilled personal injury attorney will assess your claim, explain your rights, and pursue the financial compensation you deserve.
Many law firms offer free consultations and operate on a contingency fee basis, meaning they don’t get paid unless you win. Hiring an experienced attorney ensures you have a legal team that understands personal injury law and is prepared to go up against big insurance companies.
Don’t let your emotional pain go unrecognized. If your daily life has been disrupted by trauma caused by someone else’s negligence, take action today. Emotional distress is real, and South Carolina law allows you to seek compensation for that pain.
Trust Ted Law Firm to guide you through life’s most difficult times. We’re committed to your recovery and peace of mind. We proudly represents injured moped riders and their families in Aiken, Charleston, Greenville, Columbia, Myrtle Beach, and Atlanta, advocating for accident victims across South Carolina and Georgia. When a devastating crash turns your world upside down, you can count on Ted Law Firm to stand by your side and provide the trusted legal support you deserve.
Contact us now for a free consultation and get the support you need today.
Attorney Ted Sink, founder of The Ted Law Firm, is a Yale, Stanford Business School, and Charleston School of Law graduate and former marketing executive who built a 7-figure law practice, earning millions for his clients. With experience in both law and advertising, Ted has been recognized in Forbes, Entrepreneur, and the ABA Journal. He speaks at industry conferences on marketing and law firm management, sharing insights from his unique background to help other firms grow. When not working, Ted enjoys traveling, diving, and dog-sitting golden retrievers.
