After you are hurt in a car accident in South Carolina, you may be entitled to file a claim for compensation. Some forms of damages you can seek include past and expected medical care costs, lost wages, and pain and suffering.
At our firm, we are committed to helping you recover your losses. One of our car accident lawyers can handle every step of the process to ensure that you can focus on what matters the most: healing.
Damages You Can Recover in a Car Accident Claim in South Carolina
Depending on the circumstances surrounding your case, you may be eligible to collect various damages. Factors that can influence the amount you can recover include:
- The nature of the car accident
- The severity and type of injuries you suffered
- Your treatment plan
- Your physical restrictions
- Your overall financial situation
In general, there are two types of damages that you can collect: economic damages and non-economic damages.
If you have been injured as a result of someone else’s negligence, you could be entitled to economic damages in South Carolina. This means that you can collect compensation for the financial loss that the accident cost you. Such costs include:
- Property damage costs
- Past and anticipated medical costs
- Loss of wages for the time you were out of work
- Loss of your earning capacity
- Out-of-pocket expenses
Non-economic damages refer to compensation for a subjective, non-monetary loss. These damages include:
- Emotional distress
- Pain and suffering
- Scarring and disfigurement
- Reduced quality of life
Because these losses are intangible, they are difficult to quantify. However, your lawyer can use your medical bills, wage statements, and other documentation to calculate your non-economic damages.
Wrongful Death Damages If You Lost Your Loved One From the Car Accident
If you lost a loved one in a car accident in South Carolina, you can recover wrongful death damages for their funeral and burial expenses and final medical costs, as well as your loss of support, consortium, or inheritance.
What to Do After a Car Accident in South Carolina
To help ensure you protect your right to damages, as well as your well-being, consider taking these actions:
Seek Medical Attention
Your main priority after a car accident is to take care of your health. Ensure that a doctor has seen you even when your injuries appear to be minor. Some serious injuries, such as a traumatic brain injury (TBI), can appear days or hours after the accident.
Failure to seek medical attention in good time may exacerbate the injury and make it difficult to connect the accident to your injuries.
Take Photos of the Car Accident Scene
If you can, take photos of the scene, including pictures of the damaged car, traffic and weather conditions, and your injuries.
Get a Copy of the Police Report
The police should have written an accident report when you called them to the scene. This report can be a part of your evidence file. If the police never came to the scene, you should file a report.
Consider Getting Help From a Car Accident Lawyer
Navigating the claims process on your own can be difficult, so you may want to have a car accident attorney guide you.
Our lawyers will help you understand your legal rights, take on all aspects of your case, and fight to get you the compensation you deserve.
Tips for Dealing with the Insurance Company
Whether you are the driver at fault, you will be dealing with an insurance company after the accident. Do not take any settlement offer without consulting your lawyer. The insurance adjuster may try to minimize the compensation you need. While the initial offer, especially, may seem fair, it may be less than what you deserve.
Also, avoid a recorded statement. When an adjuster approaches you to record a statement, it is in your best interest to decline. They may use what you say against you and, as a result, deny or undervalue your claim.
Comparative Negligence in South Carolina
If you were injured in a South Carolina accident and file a car accident claim, you are subject to the doctrine of comparative negligence. Under S.C. Code § 15-38-15, if you are partly at fault for the accident, your compensation will be less than the percentage of fault in the accident.
For instance, if you are 10 percent responsible for an accident and your damages amount to $100,000, your total award will be reduced by 10%, leaving you with $90,000.
Speak with George Sink, P.A. Injury Lawyers Today
If you have been injured in a car accident, contact George Sink, P.A. Injury Lawyers today for a free case evaluation. We will evaluate your case and help you recover the compensation you are entitled to receive in your South Carolina car accident claim.