§ 13-8 Damages - Elements of Actual Damages - Pain and Suffering

• Library: South Carolina Requests to Charge - Civil (SCBar) (2016 Ed.)

§ 13-8 Damages - Elements of Actual Damages - Pain and Suffering

Pain and suffering is a material element of damages on which a recovery may be based. The plaintiff is entitled to compensation for his 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, you may consider:

(1) the nature and extent of the injuries and the suffering occasioned by them and its duration or prospective duration;
(2) the age, health, habits, and condition of the injured party before the injury as

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