You may be entitled to damages after a car accident in South Carolina, or compensation for your accident-related losses. The damages can be financial and personal in nature. In addition to economic and non-economic damages, you may qualify for punitive damages depending on the circumstances.
How much compensation you might be entitled to depends on a range of factors unique to your case. An attorney at McKinney, Tucker & Lemel, LLC, with experience handling South Carolina car accident claims can help you understand how much your case might be worth.
What Are Economic Damages?
Awards of economic damages after a car accident in South Carolina serve as compensation for the financial losses caused by the crash. These losses are measurable and tied to specific expenses or income you lost because of the crash. Documents such as medical bills, pay stubs, repair estimates, and invoices can help show the precise value of your losses.
Common examples of economic damages in South Carolina car accident cases include the following:
- Medical expenses – These damages cover the cost of emergency treatment, hospital stays, doctor visits, surgery, prescription medication, physical therapy, medical devices, and future care related to the accident. Ongoing treatment and long-term rehabilitation may also be included if your injuries require continued care.
- Lost wages – If your injuries prevented you from working while you recovered, you may claim compensation for the income you missed during that time. You can use pay records and employer statements to document these losses.
- Lost earning capacity – Some injuries may affect your ability to work in the same job or earn the same level of income in the future. When that happens, damages may reflect the difference between what you could have earned before the accident and what you are able to earn afterward.
- Property damage – This category includes the cost to repair or replace your vehicle, as well as the cost to repair or replace other personal property involved in the accident.
What Are Non-Economic Damages?
In contrast to economic damages, non-economic damages address the personal losses caused by a car accident. Unlike medical bills or lost wages, these personal losses don’t have a direct financial value. Instead, non-economic damages reflect how the accident has affected your daily life, well-being, and relationships.
However, because these losses aren’t tied to invoices or receipts, they can be more difficult to calculate. Courts and insurance companies look at the severity of your injuries, the length of your recovery, and the long-term impact on your life when evaluating non-economic damages.
Examples of non-economic damages after a car accident in SC might include the following:
- Pain and suffering – This category refers to the physical pain and discomfort caused by your injuries. It may include the immediate pain following the accident and any ongoing physical limitations or chronic pain that develops during your recovery.
- Loss of enjoyment of life – Serious injuries can prevent you from participating in activities you once enjoyed. Compensation may account for the reduced ability to take part in hobbies, exercise, travel, or other aspects of daily life that were important to you before the accident.
- Mental anguish – Car accidents can cause emotional distress such as anxiety, depression, fear of driving, or other psychological effects. In some cases, people experience lasting emotional consequences that require counseling or therapy.
- Loss of consortium – Non-economic damages can also address the impact of your injury on your marital relationship. Your spouse may seek compensation when the accident affects companionship, support, or their overall relationship with you.
What Are Punitive Damages?
Some car accident claims arise from what South Carolina law refers to as willful, wanton, or reckless conduct on the part of another driver. In these cases, victims may be awarded punitive damages, which punish the at-fault driver and discourage similar behavior rather than compensating you for your losses.
Punitive damages may apply when the other driver’s actions go beyond ordinary negligence and show a conscious disregard for the safety of others. For instance, punitive damages may be available in cases involving drunk driving or excessive speeding.
Does South Carolina Have Caps on Damage Awards?
South Carolina generally doesn’t place limitations on economic or non-economic damages in car accident claims. Damage caps do apply to punitive damages in many cases, based on such factors as the severity of the defendant’s conduct and the total amount of compensatory damages. However, if the at-fault driver’s actions were intentional or committed while under the influence, state law does not limit punitive damages.
How Could South Carolina’s Comparative Negligence Law Affect My Damages?
South Carolina follows a modified version of the doctrine of comparative negligence, which allows you to recover damages after a car accident as long as you aren’t more than 50 percent responsible for the crash.
However, the court may reduce your compensation based on your share of fault. For example, if you’re found to be 20 percent responsible for the accident, your total damages may be reduced by 20 percent. If you’re more than 50 percent at fault, you may not be able to recover damages.
What Is the Statute of Limitations for a Car Accident Claim in South Carolina?
The South Carolina statute of limitations establishes a deadline that gives you three years from the date of the crash to file a car accident lawsuit in most cases. If you miss the deadline, you risk losing the ability to pursue compensation through the court system. However, certain situations can affect how the court applies the statute and may either extend or shorten the deadline.
An informed car accident lawyer in South Carolina can help determine how the statute of limitations may apply to your case.
Contact a South Carolina Car Accident Lawyer
If you suffered injuries in an auto collision, you may be entitled to substantial compensation for the resulting financial and personal losses. Turn to the team at McKinney, Tucker & Lemel, LLC for the legal support you need. We have a nearly 50-year history of helping the injured in York and Lancaster counties and are committed to client satisfaction.
Contact our office today to arrange a free consultation with an experienced South Carolina car accident attorney. Your case review is fully confidential, and you pay nothing unless we successfully resolve your matter.
