If you were hurt in a car accident someone else caused, South Carolina law entitles you to pursue compensation for economic and non-economic losses. The amount of car accident compensation will depend on the severity of your injuries, your medical bills, and your long-term prospects for recovery.
Not sure how much your auto insurance claim might be worth? A South Carolina car accident lawyer can review your serious car accident and explain your legal options.
What Are the Different Types of Compensation You Could Recover for a South Carolina Car Accident?
The types of compensation you may pursue through a car accident lawsuit will depend on the specific facts of your case. However, South Carolina law breaks down compensatory damages into two categories in most cases.
Economic Damages
An award of economic damages compensates you for the financial losses you have incurred as a result of a car accident. Some of the most common collision-related economic losses include:
- Medical expenses for car accident injuries, including hospitalization, medications, surgeries, rehabilitation, and anticipated future medical expenses
- Lost wages, including loss of future earning capacity
- Property damage, including vehicle damage/loss, as well as the loss of other personal property in the accident
Non-Economic Damages
Not all accident-related losses are financial. In fact, some of the most significant types of harm that result from a car crash can be difficult to quantify. These include:
- Pain and suffering
- Emotional distress
- Disfigurement
Non-economic damages may constitute the majority of compensation, especially in cases involving severe injuries such as traumatic brain injuries and permanent disability.
How Do You Prove the Other Driver Was at Fault for the Accident?
Most car accident claims in South Carolina are founded on the legal concept of negligence. To recover compensation, an accident victim must prove that another driver’s careless or reckless behavior caused the crash and the injuries. An experienced car accident lawyer will seek to prove that the at-fault driver breached their duty to drive safely through negligent actions (such as speeding, driving while distracted, driving while impaired, or running a red light), and caused the accident. The attorney will seek to negotiate a fair settlement with the other driver’s insurance company.
What Factors Can Influence the Amount of Compensation You Could Receive?
Several factors can affect the amount of compensation you might seek after a South Carolina car wreck. These include:
- Severity of Injuries – More serious injuries often result in higher medical costs and greater non-economic losses.
- Degree of Fault – The court may reduce your compensation if you were partially at fault for the accident.
- Insurance Coverage – The terms of the at-fault driver’s insurance policy may limit the compensation available.
- Long-Term Impact – Ongoing physical pain or disability can lead to increased damages.
Is There a Deadline for Filing a Car Accident Lawsuit in South Carolina?
In most cases, you have to file a personal injury lawsuit within three years of the accident date or risk losing your right to pursue compensation. However, it’s important to note that the amount of time you have to take legal action may be shorter or longer in some instances. Meet with a car accident attorney right away after a crash to initiate an investigation and ensure you file your lawsuit within the time allowed.
Does South Carolina Have Caps on Car Accident Damage Awards?
South Carolina generally does not cap compensatory damages in car accident cases. However, South Carolina law limits punitive damages, which courts may award in rare cases to punish an at-fault driver for particularly egregious or unusually dangerous conduct. Punitive damages are limited to three times the amount of compensatory damages or $500,000, whichever is greater. The court may waive this cap in cases where the at-fault driver was impaired, intentionally harmed the victim, or received a felony conviction related to the collision.
Should I Accept the First Settlement Offer?
You’re under no obligation to accept an insurance company’s initial settlement offer. You should discuss any insurance company settlement offer with an experienced personal injury attorney before accepting it. Insurers often try to resolve cases quickly and limit their liability. Initial offers are usually far below the actual value of your claim.
You should talk with your car accident attorney about whether a settlement offer will cover your current and future accident-related losses. If it doesn’t, your Rock Hill car accident lawyer can negotiate on your behalf and help you demand full and fair compensation for your medical bills and other expenses.
How Can a South Carolina Car Accident Lawyer Help Me?
One of the most effective ways to protect your rights and improve your likelihood of securing full compensation is to work with an experienced South Carolina car accident lawyer from the start. Insurance companies have teams of adjusters and attorneys working to minimize payouts. Having an experienced injury lawyer representing you offers the best chance of a positive outcome. An attorney will:
- Investigate the cause of the crash
- Gather police report, witness statements, medical records, and other documentation
- Identify at-fault parties
- Coordinate expert testimony
- Calculate the full scope of your losses
- Handle all communication with insurers
- Negotiate for a fair settlement
- File a personal injury claim if the insurer refuses to agree to a fair settlement
- Represent you in court
- Manage all legal deadlines and paperwork
Get Help from an Experienced South Carolina Car Accident Attorney Near You
Seeking car accident compensation can be a stressful and confusing process for accident victims. A skilled auto accident attorney can provide trusted legal guidance. Turn to McKinney, Tucker & Lemel LLC for support. Our auto accident lawyers have decades of experience representing injured victims in South Carolina. Our law firm has secured favorable outcomes for numerous satisfied clients. Don’t let the legal process overwhelm you when you need to be focused on healing. Contact McKinney, Tucker & Lemel LLC today to arrange a consultation and get started with your claim.
