One of the most frequently asked questions by victims in personal injury cases is, “How much is my case worth?” These questions can be tough to answer, as the amount and type of money damages you are entitled to recover depends on the nature and severity of your injuries, the damage to your property, and any long-term impairment of your lifestyle. To really begin to estimate your damages, an experienced attorney would have to be familiar with all of the facts and circumstances of your case.
In addition, the law may limit the types of damages available and the amounts you may receive, depending on the type of lawsuit and even who the defendant is – some state agencies may have lower limits on damages than private parties, for example.
Below are some examples of types of damages and some limits on damages in South Carolina injury cases. However, you should discuss your particular case with an attorney before coming to any conclusions on what damages are available to compensate you for your injuries.
After a car accident, victims can suffer serious injuries that require extensive medical treatment. This may include hospital stays, surgeries, medications, and rehabilitation. The costs of these treatments can be significant and often exceed the amount of money available to the victim through health insurance claims. Fortunately, injured accident victims are eligible to receive compensation for their current and future medical expenses, and South Carolina does not put a limit on economic damages in most accident cases.
Your lawyer will work with your doctor to determine the full extent of your medical costs – both now and in the future. This includes any additional corrective surgeries or ongoing medications that may be necessary for recovery. Your lawyer will also help you understand what types of compensation you may be entitled to receive for your medical expenses so that you can get the care you need without worrying about financial strain.
Lost wages can be a devastating consequence of an accident. Victims who are unable to work due to their injuries may find themselves struggling to make ends meet and provide for their families. In such cases, they are entitled to recover the lost wages they have suffered as a result of the accident. This includes not only the wages that were lost during the time of recovery, but also any future wages that would have been earned had the accident not occurred.
For those living paycheck to paycheck, this can be especially difficult. The loss of income can cause financial strain and stress on top of dealing with physical pain and emotional trauma from the accident itself. Fortunately, victims are able to seek compensation for these losses in order to help them get back on their feet again. It is important for victims to understand their rights when it comes to recovering lost wages so that they can receive the financial support they need during this difficult time.
Pain and suffering is a term used to describe the physical and emotional distress caused by an injury or illness. It can include both physical pain, such as from a broken bone or surgery, as well as mental anguish, such as depression or post-traumatic stress disorder (PTSD). After an accident, victims are entitled to seek compensation for their pain and suffering. This could be money to compensate them for any mental anguish they experienced due to the incident, as well as any physical pain they endured. Unlike some other states, South Carolina does not cap the amount you can be awarded for pain and suffering (often called noneconomic damages), except in medical malpractice cases. Additionally, in cases against state or local government, total damages are capped at a limit of $300,000 per claim as of 2022.
Unfortunately, it can be difficult to put a dollar value on pain and suffering. Insurance companies often work hard to limit the amount of non-economic damages they pay out in order to protect their profits. As a result, victims may have difficulty getting the full amount of compensation they deserve for their injuries. Injured victims are unlikely to get fair compensation for pain and suffering without legal representation.
The loss of enjoyment of general life activities that can come from a car accident is often overlooked. It can be difficult to quantify the impact of an accident on your life, but it can be devastating. The physical injuries you suffer may prevent you from participating in activities and hobbies that you once enjoyed. You may not be able to go for a run or play sports with friends anymore. Even if the physical injuries heal, the mental trauma of the accident may linger and cause anxiety or depression that prevents you from enjoying family gatherings or vacations.
The emotional toll of a car accident can be just as damaging as any physical injury. You deserve compensation for this loss of enjoyment and the impact it has had on your life. Seeking legal help is one way to ensure that you are fairly compensated for your suffering and losses. A lawyer will work with you to make sure that all aspects of your case are taken into account, including any emotional distress caused by the accident. With their help, you can get back some sense of control over your life and begin to enjoy it again.
Loss of consortium is a legal term that refers to injury to the marital relationship between spouses due to an accident. When someone suffers serious and life-changing injuries in an accident, it can rob them and their spouse of important marital time. Loss of consortium can include impacts on your physical relationship, a reduced ability to enjoy time spent together, or marital stress caused by the injured spouse being less able to share in household chores, errands, and child rearing responsibilities to the extent that they could before they were hurt.
The effects of loss of consortium can be devastating for both parties involved. Not only does it affect the injured person’s ability to enjoy their marriage, but it also affects their spouse’s ability to enjoy a full relationship with them. Loss of consortium is something that can be difficult to discuss, but should be something you should consider as part of your personal injury claim after an accident.
Punitive damages are a type of award that is meant to punish reckless drivers for their actions. Injured accident victims may be eligible to receive punitive damages in certain circumstances such as where the other driver was drunk or texting while driving. Punitive damages are intended to send a message to the wrongdoer that their behavior was unacceptable and will not be tolerated. They also serve as a deterrent for other drivers who may consider engaging in similar reckless behavior in the future.
The availability and amount of punitive damages awarded depends on a variety of factual and legal considerations. The amount of punitive damages is limited by law in some situations. SC Code § 15-32-520 limits punitive damages in certain cases to the higher of three times actual damages or a statutory cap that is indexed for inflation and is currently $636,000 as of February, 2023. It is important for accident victims to consult with an experienced attorney who can review their case and determine if punitive damages may be available in their situation.
When a loved one dies in a car accident, it can be an incredibly difficult and heartbreaking experience. Not only do you have to deal with the emotional pain of losing someone close to you, but there are also financial costs associated with the death. This is where a wrongful death lawsuit can help.
A wrongful death lawsuit allows family members to pursue damages for the cost of the funeral, burial, and grief and sorrow caused by the loss of their loved one. It is important to note that these lawsuits are not just about money; they are also about seeking justice for your loved one’s death. By filing a wrongful death lawsuit, you can hold those responsible accountable for their actions and ensure that they are held liable for any negligence or recklessness that led to your loved one’s death. Additionally, pursuing this type of legal action may provide some closure and peace of mind for those affected by the tragedy.
After reading about the various kinds of damages available in an injury case in South Carolina, it should be clear that estimating damages is a difficult question to answer. Not only are there many types of damages to consider, some easier to calculate (economic damages) and some harder (punitive damages). This is where an experienced attorney from our firm can really come in handy – their decades of experience mean they’ll have more knowledge to draw from when discussing your claim.
And while neither Ron nor David can promise any particular outcome, nor can they give an exact amount of damages, they are well-equipped to discuss the range of possibilities and outcomes with you and our family. Here at Proffitt & Cox, we offer a free consultation in injury cases to give you the knowledge you need to make an informed decision about your injury case before you accept any offer from an insurance company. Get started today.
If you suffered an injury from a serious auto accident, you may be facing significant medical bills. You may also be struggling to pay for your expenses because of an inability to work while you recover from your injuries. However, help is available to those who suffered injuries due to the negligence of others as well as for the families of fatal accident victims.
For years, our Columbia injury lawyers have worked on behalf of the people of South Carolina to gain them compensation for their motor vehicle accident injuries. We may be able to provide personal and effective legal support for you as well. Call the attorneys at Proffitt & Cox, LLP today at 803-834-7097 for a free consultation. You can also call the firm toll free at (877) 276-0533 or by filling out the contact form on our site.
We offer free initial consultations for all injury cases. We handle injury cases on a contingency fee basis which means that our fees are a percentage of what we recover for you. You will not owe us any attorney’s fees in such cases unless we are successful in obtaining compensation on your behalf.
Our South Carolina accident attorneys have recovered over $30 million in verdicts and settlements for our clients. These claims involved automobile accidents, trucking accidents, harmful prescription drugs, medical malpractice, product liability, slip and fall accidents and class action cases. Review our representative cases to see some of our past successes and review our client testimonials to see what some of our clients have to say about us.
If you suffered an injury from a serious auto accident, you may be facing significant medical bills. You may also be struggling to pay for your expenses because of an inability to work while you recover from your injuries. However, help is available to those who suffered injuries due to the negligence of others as well as for the families of fatal accident victims.
For years, our Columbia injury lawyers have worked on behalf of the people of South Carolina to gain them compensation for their motor vehicle accident injuries. We may be able to provide personal and effective legal support for you as well. Call the attorneys at Proffitt & Cox, LLP today at 803-834-7097 for a free consultation. You can also call the firm toll free at (877) 276-0533 or by filling out the contact form on our site.
We offer free initial consultations for all injury cases. We handle injury cases on a contingency fee basis which means that our fees are a percentage of what we recover for you. You will not owe us any attorney’s fees in such cases unless we are successful in obtaining compensation on your behalf.
Our South Carolina accident attorneys have recovered over $30 million in verdicts and settlements for our clients. These claims involved automobile accidents, trucking accidents, harmful prescription drugs, medical malpractice, product liability, slip and fall accidents and class action cases. Review our representative cases to see some of our past successes and review our client testimonials to see what some of our clients have to say about us.
Contingency fees are calculated based upon the gross amount recovered. Case costs paid by the firm are also reimbursed to the firm from the amount recovered. In most cases, the client will not be responsible for case costs if there is no recovery. Our agreement regarding fees and expenses applicable to your specific case will be provided in writing.
Any result our lawyers may have achieved on behalf of clients in other matters does not necessarily indicate similar results can be obtained for other clients. Each case must stand on its own merit based upon the facts and the law. Some cases referenced were handled by our attorneys while working at other firms, and in some cases, other lawyers participated in the representation of a client.
Over 50 Years of Combined Experience Serving The Midlands and The People of South Carolina. Get In Touch Today For a Free Consultation.
