South Carolina is a fault-based state for personal injury claims. You can recover compensation for your injuries and losses, but you must prove another party caused your injuries. If you prove by a preponderance of the evidence that the other party is liable, you can seek compensation for your economic and non-economic damages. Whether you’ve been involved in car accidents, slip and fall accidents, brain injuries, or other accidents, it’s crucial to have an experienced Charleston personal injury attorney on your side.
What Are Damages in a South Carolina Personal Injury Case?
Non-economic damages include harm and losses related to your pain and suffering. Economic damages include expenses and monetary losses associated with your accident and injuries.
Examples of economic damages include:
Property Damage
The party who causes an accident can be liable for damage to your personal property. Property damage equals the cost to repair the property. If the property cannot be repaired, the damages total the fair market value of the property when it was damaged.
Most insurance companies settle property damage claims early in a personal injury case. Never sign a release or agreement without reading it in its entirety. You do not want to waive your right to seek other damages for your claim. Also, you need to ensure that the company has not included statements claiming you are partially to blame for causing the accident.
The Cost of Medical Treatment
You can receive reimbursement for the cost of your medical bills. Examples of medical expenses included in a personal injury case include:
- Doctor’s visits
- Surgeries
- Hospitalizations
- Emergency medical services
- Specialists
- Urgent care facilities
- Lab work and diagnostic tests
- Physical, occupational, and rehabilitative therapies
Always seek prompt medical treatment after an accident or personal injury. Medical records can prove that you sustained injuries. Failing to seek prompt medical treatment could cause problems in your injury case, including accusations of faking injuries or failing to mitigate damages.
Out-of-Pocket Expenses
Many injury victims overlook their out-of-pocket expenses. This category of economic damages can total thousands of dollars. Examples of out-of-pocket expenses include:
- Travel and mileage expenses to and from medical appointments
- The cost of personal care and help with activities of daily life
- Household services and chores
- The cost of childcare
- Over-the-counter and prescription medications
- Medical devices and supplies, such as bandages, wheelchairs, crutches, bedside toilets, etc.
Recovering compensation for out-of-pocket expenses requires careful documentation. You need proof of expenses, such as invoices, bills, and receipts. The insurance company may ask for evidence that the expenses were necessary and reasonable.
Loss of Income and Benefits
An injury can result in a substantial loss of earnings. You may be out of work for several weeks or months during your recovery. Examples of loss of income include:
- Salary income
- Hourly wages
- Overtime pay
- Bonuses and commissions
- Income from part-time and gig work
- Business income
- Freelance and independent contractor income
In addition to the loss of income, you may also recover compensation for the loss of benefits. For example, you can include sick days, vacation time, and paid time off in your claim. You can also include matching retirement funds and other benefits you would have received had you been able to work.
Future Economic Damages
If you sustain a permanent impairment or disability, you may be entitled to compensation for future damages. Future damages may include, but are not limited to:
- Long-term personal and/or nursing care
- Future lost wages and benefits
- Modifications to your home or vehicle to accommodate your impairment
- Ongoing medical treatments
- Diminished earning capacity
Proving future damages may require expert opinions from medical specialists, explaining how your injuries have resulted in impairments and prevented you from working or performing other tasks.
Financial professionals and vocational experts can also provide information about future financial losses.
How Much Are My Economic Damages Worth in a Charleston Personal Injury Case?
Numerous factors can impact how much you may receive for a personal injury claim. Examples may include:
- The type of injuries you sustained and the severity of any impairments or disabilities
- The duration of your recovery period
- Whether you are partially to blame for your injuries (i.e., contributory fault)
- The parties in the case
- Whether you can return to work or perform any type of work to earn an income
- The strength of the evidence proving causation, fault, and liability
- The severity of disfigurement or scarring
- The availability of insurance coverage and the policy limits
Some factors could increase the value of your claim, but others could hurt your case. An experienced personal injury lawyer can analyze all the factors and work to obtain the best possible settlement or verdict, given the factors of your case.
Get Help With a Personal Injury Claim
Reach out to a Charleston personal injury lawyer from Ty Robinson Personal Injury & Car Accident Law Firm for a free consultation. They can fight to obtain a fair settlement for your personal injury claim, including all economic damages. Contact our law office today at (843) 278-2222.
