What Can You Recover in a Car Accident Case in South Carolina?
Money cannot undo the damage of a car accident. However, it may help you to recover from your injuries, pay your bills and move on from a difficult chapter in your life.
Each case is unique. Still, the lawyers of Harrison, White, Smith & Coggins, P.C., want you to be aware of the following damages that may be available to you in a South Carolina car accident lawsuit:
You may be reimbursed for the cost of repairing or replacing your motor vehicle after a wreck. You may also be reimbursed for the cost of renting a car as you await repairs or shop for a new vehicle. Compensation may also be obtained for property damage to a trailer or boat being towed during the accident.
You should seek damages to pay for your past and future medical treatment. This includes emergency response treatment, doctors’ exams, diagnostic tests, medication, hospitalization, surgery, anesthesia, rehabilitation therapy and assistive devices.
This covers any income you have lost due to your injuries, including wages, benefits, bonuses and commissions. In cases of disability or long-term injury, a lawsuit would seek damages for projected losses due to lost earning capacity, promotions or other career advancement.
Pain and Suffering
A variety of factors go into what might be requested for the physical and mental distress caused by a car accident. You may seek to recover for specific severe injuries or disfigurement as well as the limitations on activity caused by your injuries, depression, embarrassment, scarring and potential shortening of your life. Pain and suffering damages are often calculated as two or three times the amount of actual damages (medical expenses and lost income).
If the at-fault party exhibited particularly egregious or outrageous behavior, a lawsuit could ask for damages meant to punish and deter this conduct. South Carolina limits punitive damages in most personal injury cases to three times the amount of actual damages or $500,000, whichever is more.
Wrongful Death Damages
A wrongful death lawsuit could seek compensation for:
- Funeral and burial expenses
- Lost support and services
- Loss of companionship and protection (spouse)
- Lost parental companionship, instruction and guidance (children).
Comparative Negligence in South Carolina
Under South Carolina law, the damages awarded to you will be reduced by the amount of negligence assigned to you. For example, assume that you suffered $100,000 in damages in an accident in which you were 30 percent at fault and the other driver was 70 percent at fault. You would recover, at most, $70,000. (Your recovery would be reduced by 30 percent.)
If you are more than 50 percent at fault for your accident, then you would be barred from recovering anything.
Contact an Upstate South Carolina Car Accident Lawyer to Pursue Damages in Your Case
Determining the total amount of damages you should recover after a serious car accident requires a thorough investigation by an attorney with experience in handling these cases.
Your attorney should calculate your current and future losses and must be ready to present evidence and argue your case when seeking a settlement or verdict.
The attorneys of Harrison, White, Smith & Coggins, P.C., have more than 100 years of combined experience helping residents of Spartanburg and Upstate South Carolina to obtain compensation after car accidents.
Call us today or fill out our online form to set up a free meeting to discuss your car accident and your legal options.