Are Pain And Suffering Compensated in NC After an Accident?

Pain and suffering are most certainly experienced after you are in a severe accident. The injuries incurred in an accident can put you in physical pain and mental distress, especially when someone else’s negligence or fault caused the accident.

Mental and emotional pain may include grief, anxiety, depression, insomnia, and fear. Pain and suffering entail the emotional, physical, and mental stress that the victim goes through after the accident and recovery. And sometimes, it may last a lifetime, mainly if the accident results in paralysis or permanent disability.

By state law, accident victims have the right to seek compensation for economic and non-economic damages. Pain and suffering fall under the latter, which means you may be eligible for compensation, but how much is the real challenge. Medical treatments lost wages, and property damage are simple to calculate as they comprise measurable items like medical bills and receipts. As they are easier to document, you can easily justify your claim amount.

The challenge occurs when getting compensation for pain and suffering, as they are challenging to document. This is where you can count on our seasoned auto accident lawyer in North Carolina. Our experience and extensive knowledge about the laws and legal procedures enable us to help our clients pursue the compensation they deserve for economic and non-economic damages. Simply stated, we fight for you to be compensated for physical injuries and pain and suffering.

adult leg injury sitting on wheelchair with plaster foot.

Factors to Consider For Calculating Pain and Suffering

Pain and suffering may be hard to pin down in a number, but some critical factors can help determine a quantifiable amount. These include:

The severity of Injuries Sustained

The severity of the injuries can serve as a relevant factor for calculating pain and suffering compensation. For example, someone with broken bones is likely to experience more pain and suffer greater than someone who has minor injuries.

Types of Medical Treatments Received

The type of treatment you receive can also help with calculating your compensation for pain and suffering. Medical treatments fall under two categories—diagnostic and therapeutic treatments. Diagnostic treatment comprises MRIs, CT scans, and X-rays, while therapeutic treatment consists of physical therapy and chiropractic treatment. Depending on the treatments, duration, and recovery process, your lawyer can pinpoint an estimated figure for pain and suffering.

Impact on Your Life

Another factor that plays a pivotal role in calculating a rough estimate for pain and suffering is the impact of the accident and injuries on your life. In other words, how have the injuries affected your daily routine and quality of life? For example, a victim’s quality of life with a permanent disability will be more affected than someone who fully recovers from the injuries.

Therefore, factors like how the accident impacted your ability to socialize, perform job-related duties and household chores, enjoy hobbies, and look after children (if any) can help calculate pain and suffering compensation.

woman looking stressed sitting at a desk looking at her computer while trying to figure out personal injury claims with pain and suffering

More Ways to Document Pain and Suffering

Besides the factors discussed above, according to our seasoned personal injury attorney, here are some more ways to document pain and suffering. These can help justify the money that you want to claim:

  • A written opinion of a medical professional or mental health expert. This will testify to the victim’s state of mind and mental health issues that have resulted from the accident.
  • A mental health expert or doctor’s written opinion attesting the victim’s and the intricacies of the pain and suffering involved after an accident
  • Medication prescribed for the victim for mental issues and physical pain
  • Your verbal and written testimony for the pain and suffering that you are going or have gone through
  • Family and friends wrote testimony for the pain and suffering that you’re going or have gone through

Methods to Calculate Pain and Suffering

There are two methods that are usually used to calculate a rough estimate for pain and suffering. However, by no means are they exact or reliable. They are only used for rough calculations.

Multiplier Method

This method works by adding up all economic damages. Once the damages are added, the amount is multiplied by a number ranging between 1.5 and 5. The selected number from this range is the multiplier. This number indicates the degree of seriousness of the non-economic damages (including emotional trauma, loss of consortium, and pain and suffering). The more severe the injury, the more your number is multiplied by.

The formula is as follows:

(Medical bills both current and future) x (multiplier selected) + (Total of Economic Damages) = Case Value

To determine the right multiplier, the following factors are considered:

  • The obviousness of the other driver’s fault
  • The seriousness of the injuries such as permanent disability or paralysis
  • Expert written opinion showing clear proof of pain and suffering
  • Recovery timeframe

Per Diem Method

This is another approach used to quantify pain and suffering. Using the per diem method, the insurance company attempts to determine a daily rate at which they owe you for pain and suffering. The timeline is calculated from the accident date until the date you are released from medical treatment/care.

Per diem in Latin means ‘by the day.’ Hence the method uses a daily pain and suffering calculator. Please note that the amount calculated with this method is only for pain and suffering. You can be awarded an additional amount for income loss, property damage, and medical treatment.

Physical therapists are checking patients elbows at the clinic office room after a personal injury accident, medical help

Limits on Pain and Suffering Damages

As the dollar amount on pain and suffering is subjective, lawmakers might fear abuse by sympathetic juries in the form of high compensation—higher than the actual economic damages. Thus, states like North Carolina place limits on pain and suffering to keep awards in control. These caps may sometimes not reflect the compensation that the injured person deserves. However, with our experienced lawyer for case representation, be assured that we will fight for you to get the maximum compensation.

For more information or assistance with filing a personal injury claim, contact us. We strive to get our clients’ justice and full and fair compensation for injuries, pain, and suffering.

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Notice of Data Security Event
Updated March 28, 2025

The Law Offices of Jason E. Taylor is providing notice of an event that may affect certain individuals’ information. Although we have no indication of identity theft or fraud in relation to this event, we are providing information about the event, our response, and additional measures individuals can take to help protect their information, should they feel it appropriate to do so.

What Happened? On October 28, 2024, The Law Offices of Jason E. Taylor identified suspicious activity related to our email system. We quickly took steps to investigate and determined that an unknown actor may have accessed certain emails within our email system between August 7 and November 7, 2024. We then conducted a comprehensive review of the potentially affected emails and attachments to determine what information was contained therein and to whom the information related, which was completed on February 25, 2025. Unfortunately, we were unable to verify the addresses of certain affected individuals, so we are providing this notice to ensure potentially affected individuals receive information about the event.

What Information Was Involved? The information affected may include individuals’ Social Security number, driver’s license and state ID information, financial account number, and health information.

What We Are Doing. We are notifying individuals about this matter and providing guidance about free resources that are available to assist with monitoring relevant accounts, credit reports, and how to place a fraud alert or security freeze on one’s credit file. Further, as with our typical security practices, we will continue to evaluate our policies, procedures, staff training, and technical security measures to reduce the likelihood of an event like this reoccurring.

What Individuals Can Do. We encourage you to remain vigilant against incidents of identity theft and fraud by reviewing your account statements and monitoring your free credit reports for suspicious activity and to detect errors. We also recommend you review the below “Steps Individuals Can Take To Help Protect Personal Information”.

For More Information. If individuals have questions about this matter, we have a dedicated assistance line with agents ready to answer their questions. Please contact our toll-free dedicated assistance line at 1-800-939-4170, Monday through Friday from 9 a.m. through 9 p.m., excluding holidays. You may also write to us at The Law Offices of Jason E. Taylor, Attn: Compliance, P.O. Box 2688, Hickory, NC 28603.

Sincerely,

The Law Offices of Jason E. Taylor

STEPS INDIVIDUALS CAN TAKE TO HELP PROTECT PERSONAL INFORMATION

Monitor Your Accounts

Under U.S. law, a consumer is entitled to one free credit report annually from each of the three major credit reporting bureaus, Equifax, Experian, and TransUnion. To order a free credit report, visit www.annualcreditreport.com or call, toll-free, 1-877-322-8228. Consumers may also directly contact the three major credit reporting bureaus listed below to request a free copy of their credit report.

Consumers have the right to place an initial or extended “fraud alert” on a credit file at no cost. An initial fraud alert is a 1-year alert that is placed on a consumer’s credit file. Upon seeing a fraud alert display on a consumer’s credit file, a business is required to take steps to verify the consumer’s identity before extending new credit. If consumers are the victim of identity theft, they are entitled to an extended fraud alert, which is a fraud alert lasting seven years. Should consumers wish to place a fraud alert, please contact any of the three major credit reporting bureaus listed below.

As an alternative to a fraud alert, consumers have the right to place a “credit freeze” on a credit report, which will prohibit a credit bureau from releasing information in the credit report without the consumer’s express authorization. The credit freeze is designed to prevent credit, loans, and services from being approved in a consumer’s name without consent. However, consumers should be aware that using a credit freeze to take control over who gets access to the personal and financial information in their credit report may delay, interfere with, or prohibit the timely approval of any subsequent request or application they make regarding a new loan, credit, mortgage, or any other account involving the extension of credit. Pursuant to federal law, consumers cannot be charged to place or lift a credit freeze on their credit report. To request a credit freeze, individuals may need to provide some or all of the following information:

1. Full name (including middle initial as well as Jr., Sr., II, III, etc.);
2. Social Security number;
3. Date of birth;
4. Addresses for the prior two to five years;
5. Proof of current address, such as a current utility bill or telephone bill;
6. A legible photocopy of a government-issued identification card (state driver’s license or ID card, etc.); and
7. A copy of either the police report, investigative report, or complaint to a law enforcement agency concerning identity theft if they are a victim of identity theft.

Should consumers wish to place a credit freeze or fraud alert, please contact the three major credit reporting bureaus listed below:

Equifax Experian TransUnion
https://www.equifax.com/personal/credit-report-services/ https://www.experian.com/help/

https://www.transunion.com/credit-help
1-888-298-0045 1-888-397-3742 1-800-916-8800
Equifax Fraud Alert, P.O. Box 105069 Atlanta, GA 30348-5069 Experian Fraud Alert, P.O. Box 9554, Allen, TX 75013 TransUnion Fraud Alert, P.O. Box 2000, Chester, PA 19016
Equifax Credit Freeze, P.O. Box 105788 Atlanta, GA 30348-5788 Experian Credit Freeze, P.O. Box 9554, Allen, TX 75013 TransUnion Credit Freeze, P.O. Box 160, Woodlyn, PA 19094

Additional Information

Consumers may further educate themselves regarding identity theft, fraud alerts, credit freezes, and the steps they can take to protect their personal information by contacting the consumer reporting bureaus, the Federal Trade Commission, or their state attorney general. The Federal Trade Commission may be reached at: 600 Pennsylvania Ave NW, Washington, DC 20580; www.identitytheft.gov; 1-877-ID-THEFT (1-877-438-4338); and TTY: 1-866-653-4261. The Federal Trade Commission also encourages those who discover that their information has been misused to file a complaint with them. Consumers can obtain further information on how to file such a complaint by way of the contact information listed above. Consumers have the right to file a police report if they ever experience identity theft or fraud. Please note that in order to file a report with law enforcement for identity theft, consumers will likely need to provide some proof that they have been a victim. Instances of known or suspected identity theft should also be reported to law enforcement and the relevant state attorney general. This notice has not been delayed by law enforcement.

For District of Columbia residents, the District of Columbia Attorney General may be contacted at: 400 6th Street, NW, Washington, DC 20001; 1-202-442-9828; and oag.dc.gov.

For Maryland residents, the Maryland Attorney General may be contacted at: 200 St. Paul Place, 16th Floor, Baltimore, MD 21202; 1-410-576-6300 or 1-888-743-0023; and https://www.marylandattorneygeneral.gov/.

For New Mexico residents, consumers have rights pursuant to the Fair Credit Reporting Act, such as the right to be told if information in their credit file has been used against them, the right to know what is in their credit file, the right to ask for their credit score, and the right to dispute incomplete or inaccurate information. Further, pursuant to the Fair Credit Reporting Act, the consumer reporting bureaus must correct or delete inaccurate, incomplete, or unverifiable information; consumer reporting agencies may not report outdated negative information; access to consumers’ files is limited; consumers must give consent for credit reports to be provided to employers; consumers may limit “prescreened” offers of credit and insurance based on information in their credit report; and consumers may seek damages from violators. Consumers may have additional rights under the Fair Credit Reporting Act not summarized here. Identity theft victims and active-duty military personnel have specific additional rights pursuant to the Fair Credit Reporting Act. We encourage consumers to review their rights pursuant to the Fair Credit Reporting Act by visiting www.consumerfinance.gov/f/201504_cfpb_summary_your-rights-under-fcra.pdf, or by writing Consumer Response Center, Room 130-A, Federal Trade Commission, 600 Pennsylvania Ave NW, Washington, DC 20580.

For New York residents, the New York Attorney General may be contacted at: Office of the Attorney General, The Capitol, Albany, NY 12224-0341; 1-800-771-7755; or https://ag.ny.gov.

For North Carolina residents, the North Carolina Attorney General may be contacted at: 9001 Mail Service Center, Raleigh, NC 27699-9001; 1-877-566-7226 or 1-919-716-6000; and www.ncdoj.gov.

For Rhode Island residents, the Rhode Island Attorney General may be reached at: 150 South Main Street, Providence, RI 02903; 1-401-274-4400; and www.riag.ri.gov. Under Rhode Island law, individuals have the right to obtain any police report filed in regard to this event.
STEPS INDIVIDUALS CAN TAKE TO HELP PROTECT A MINOR DEPENDENT’S PERSONAL INFORMATION

Typically, credit reporting agencies do not have a credit report in a minor’s name. To find out if a minor has a credit report or to request a manual search for a minor’s Social Security number each credit bureau has its own process. To learn more about these processes or request these services, consumers may contact the credit bureaus by phone, writing, or online:
Equifax Experian TransUnion
https://www.equifax.com/personal/help/article-list/-/h/a/request-child-credit-report/
https://www.experian.com/help/minor-request.html
https://www.transunion.com/fraud-victim-resources/child-identity-theft

1-800-685-1111 1-888-397-3742 1-800-916-8800
P.O. Box 105788
Atlanta, GA 30348-5788 P.O. Box 9554
Allen, TX 75013 P.O. Box 2000
Chester, PA 19016

To request information about the existence of a credit file in a minor’s name, search for a minor’s Social Security number, place a security freeze or fraud alert on a minor’s credit report (if one exists), or request a copy of a minor’s credit report consumers may be required to provide the following information:
● A copy of their driver’s license or another government issued identification card, such as a state identification card, etc.;
● Proof of address, such as a copy of a bank statement, utility bill, insurance statement, etc.;
● A copy of the minor’s birth certificate;
● A copy of the minor’s Social Security card;
● The minor’s full name, including middle initial and generation, such as JR, SR, II, III, etc.;
● The minor’s date of birth; and
● The minor’s previous addresses for the past two years.

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