How much can you expect from your car accident claim? The reality is that there is no single answer, as every case is different. Final settlement or verdict amounts ultimately depend on the specific facts of the case and the strength of the available evidence.
That being said, working with a South Carolina car accident attorney is the most effective way to maximize your recoverable compensation. Plaintiffs who work with an attorney are more likely to receive a settlement and secure a larger amount on average than those without attorneys.
What Are the Types of Damages I Might Receive from a South Carolina Car Accident Claim?
You can recover money in a car accident claim for any losses you have suffered as a direct result of your injuries. This can include compensation for your verifiable economic losses, such as the following:
- Emergency medical bills and future medical expenses
- Lost employment income, including regular pay, bonuses, and other forms of compensation
- Reductions in lifetime earning capacity due to impairment or disability
- Out-of-pocket injury expenses (e.g., alternate transportation, childcare costs, mobility equipment, etc.)
- Property damage (e.g., vehicle repair/replacement costs)
A settlement can also remunerate you for intangible, non-economic losses. These are losses that do not have a fixed dollar amount but nonetheless have a negative impact on your quality of life.
Examples of non-economic losses might include the following:
- Pain and suffering
- Mental anguish
- Scarring & disfigurement
- Loss of convenience and enjoyment
- Loss of consortium/companionship
An accomplished and experienced car accident lawyer can help you calculate the extent of all your losses and determine a figure that represents full and fair compensation for the harm you’ve experienced.
What Are Some Factors That Affect the Amount of My Car Accident Claim?
Various factors, such as the following, can affect the final value of a car accident settlement:
- Injury Severity – More severe injuries have higher medical bills, which results in higher settlement amounts.
- Coverage Limits – An insurance policy has a maximum coverage limit that affects the total possible value of a given settlement.
- Victim’s Age – Younger victims have to live with permanent injuries longer than older victims, and settlements can reflect this difference.
- Victim’s Occupation – A settlement can also account for any differences in earning potential if the injured party has to stop working or switch to a lower-paying career.
- Shared Fault – Shared negligence on the part of the victim can affect a settlement’s final value.
- Punitive Factors – If the at-fault party displayed especially egregious or reckless behavior, a court may award punitive damages as a form of punishment and deterrence.
How Would the Claim Be Affected if Someone Dies from the Car Accident?
If the at-fault driver dies in the accident, it would not necessarily affect your insurance claim. Insurance companies are obligated to pay out liability claims, even for deceased policyholders. If the deceased’s liability coverage is insufficient to cover your losses, you could potentially pursue a legal claim against their surviving estate.
If the victim in a car accident dies, then their surviving personal representative could instead file a wrongful death lawsuit. The purpose of a wrongful death claim is to remunerate the deceased’s estate and surviving beneficiaries for their losses. You can think of a wrongful death claim as a personal injury claim the deceased would have filed if they were still living.
Can My Settlement Be Affected If I Am Partly to Blame for the Car Crash?
South Carolina uses what’s called a comparative negligence system for apportioning damages after a car accident case. Under comparative negligence, injury victims can still recover damages even if they share partial fault. So long as the victim bears less than 50 percent fault, they can file a claim for financial compensation.
However, the total settlement amount will be reduced according to the percentage of shared liability. For instance, if a court found you 30 percent at fault for the accident, your total settlement would be 30 percent less. The structure of this system demonstrates the importance of working with an attorney who can make a compelling case to minimize your liability.
Should I Accept the Insurance Company’s Initial Settlement?
As a general rule of thumb, you should not accept the first settlement offer the insurance company provides. A common tactic is for insurance companies to offer a small settlement quickly to get you to take the money and drop the rest of the claim. Odds are, the insurance company will downplay the extent of your losses in their first settlement offer.
A car accident lawyer can assess any settlement and negotiate to get you a higher final amount.
What Happens If the At-Fault Driver Has No Insurance?
South Carolina is an at-fault state, meaning you file a claim with the at-fault driver’s insurance company. This system is why the state requires drivers to carry mandatory minimum insurance coverage. Nevertheless, an estimated 10 percent of South Carolina drivers don’t carry auto insurance. So, what happens if you get into a wreck with an uninsured driver?
In this case, you’d file an uninsured motorist claim with your insurance company. South Carolina law requires drivers to carry uninsured motorist coverage precisely for uninsured driver accidents. The process is largely the same, except you will be filing with your insurance company instead of the at-fault driver’s insurance company.
Contact a South Carolina Car Accident Lawyer
Your choice of attorney can have a major effect on the final amount of any settlement or, if a car accident lawsuit needs to be filed, jury award you receive in a car accident claim. Look for a lawyer with experience and a strong track record of securing favorable results for car accident victims in South Carolina.
The attorneys at McKinney, Tucker & Lemel, LLC have assisted injured South Carolinians since 1977 and have built a reputation for our open communication and effective legal advocacy. We will use every available avenue to maximize the compensation you are owed, securing sufficient funds to recover and rebuild your life. Contact us online or reach out via phone to speak with a South Carolina car accident attorney today.
