Pain and suffering is a material element of damages on which a recovery may be based in South Carolina. The plaintiff is entitled to compensation for pain and suffering directly resulting from the wrongful acts of the defendant.
An award for pain and suffering compensates the injured person for the physical discomfort and the emotional response to the sensation of pain caused by the injury itself. In making an estimate of damages to be awarded for pain and suffering, the jury may consider:
(1) the nature and extent of the injuries and the suffering occasioned by the plaintiff and its duration or prospective duration;
(2) the age, health, habits, and condition of the injured party before the injury as compared with his condition afterwards;
(3) the plaintiff’s use of sedatives and other drugs to relieve pain and their effect; and
(4) any aggravation of pre-existing disorders by the incident in question.
Pain and suffering have no market price. They are not capable of exact measurement; accordingly, a South Carolina jury has no fixed rule or standard whereby damages for them can be measured.
The amount of damages to be awarded for pain and suffering is left to the judgment of the jury. Additionally, the jury include such damage for pain and suffering as it is reasonably certain will of necessity result in the future from the injury. Future pain and suffering on the part of the plaintiff in consequence of the injury constitute a proper element of the damages which may be allowed, provided there is the requisite certainty that such pain and suffering will result.
