If you are involved in a personal injury accident in South Carolina and are not at fault, you will be entitled to compensation for the resulting damages and injuries. The amount you receive depends on the circumstances that resulted in the accident, the extent of the injuries, whether you contributed to the accident to some extent, and, of course, the competency of your personal injury lawyer. Some lawyers can fight tooth and nail to ensure you get the maximum compensation. There are three main types of damages you can be awarded: special damages, general damages, and punitive damages.
Table of Contents
1. Special Damages
Also known as economic damages, special damages are damages related to physical (tangible) items. These damages are measurable, and a monetary value can be attached. They are damages that are linked to the victim’s economic loss.
It is compensation for the victim for the monetary loss they suffered due to the injuries they sustained in the accident. These damages are supposed to at least restore the victim’s life to where it was before the accident. The common types of economic damages include:
- Household expenses
- Rental motorcycle expenses
- Loss of future earnings
- Lost wages
- Present and projected medical expenses
- Current Medical Bills
2. General Damages
General damages are also known as non-economic damages. They are damages that relate to non-tangible aspects, making them the most difficult to calculate. This is because no specific amount can be attached to these daggers.
Calculation of general damages is entirely objective, and this is where you may need an excellent personal injury lawyer in South Carolina. Insurance companies and lawyers have devised formulas to help approximate the value of non-economic damages. However, even with such formulas, the amount you will get will depend on how good your lawyer is.
The amount you can receive also depends on the judges. If the judges find severe damage, they can award a higher compensation. For minor damages, they will award low compensation.
Non-economic damages are designed to compensate the victims for their suffering and pain from the accident. Non-economic damages include compensation for suffering and pain, and emotional distress experienced by the victim. The distress may include frustration, fear, anger, and loss of the good life you used to enjoy. General Damages also include consortium loss. The victim’s wife or husband can claim this for their losses during their marriage. It includes loss of companionship, assistance, comfort, sexual relationship, affection, etc.
3. Punitive Damages
Just as the name implies, punitive damages are awarded by defenders as a punishment for their intentional or reckless behavior that resulted in the plaintiff’s injury.
Punitive damages are awarded only in certain cases to serve as a warning or deterrent to the culprit rather than to restore the victim’s life. Punitive damages are awarded in cases where the defendant’s actions are deemed outrageous.
The judges will consider certain factors when delivering their ruling. These include past offenses of similar nature, the extent of harm (damage) caused, and how likely the award will deter the offender from committing the same offense. It is also meant to prevent someone else from thinking about making the same mistake.
Types of personal injuries
Many types of injuries can result in compensation. A good lawyer will find grounds to file a personal injury lawsuit whenever someone injures you or your loved one.
You do not have to struggle with paying hefty medical bills and leading a miserable life just because of someone else’s negligence, carelessness, or lack of planning. Some examples of personal injury cases handled by lawyers include:
These are accidents that occur at workplaces. If someone else’s negligence results in your injury at the workplace, you have the right to seek compensation. Employers and insurance companies are generally reluctant to compensate employees who get injured at work. Some will find ways to blame you for the accident. That is why you need an experienced attorney to take up your case.
Retailers, suppliers, and manufacturers are supposed to ensure they deal with safe products that do not harm users. The vendor will be liable if you get injured because of inadequate warnings or instructions, dangerous packaging, low-quality products, or defective equipment.
If you are involved in a road accident, and you are not at fault, the other party will have to compensate you. You can gather some evidence after the accident to prove your innocence and assist your attorney with the case.
Medical malpractice may include mistreatment of patients or negligence by the doctor, which may result in significant pain or the death of a loved one. When you get injured because of a doctor’s or hospital staff’s negligence, you can personally sue the facility or the doctor. Any injury that occurs in a hospital must be thoroughly investigated. Some hospital staff are known for hiding evidence or covering up for their colleagues.
Whether it is an over-the-counter or prescription drug, you will have grounds to sue for damages if it causes any damage to your body. You can also sue on behalf of your loved one who passes away or gets incapacitated after using dangerous drugs.
Wrongful death is a case where a patient dies because of someone’s negligence. For example, a patient may bleed to death when neglected by nurses or doctors. If you lose a loved one in such circumstances, the responsible person or party will be liable for your suffering, pain, and loss of your loved one.
Whenever you are injured due to someone else’s negligence, you should consult an attorney to find out whether there is a ground for filing a suit. A knowledgeable and experienced attorney can look for all the good reasons for you to get compensated.
Choose the best personal injury lawyer.
Employers and even individuals are never willing to accept liability, let alone agree to compensate the injured victims. Insurance companies are also reluctant to compensate injured people, always coming up with one excuse after the other. The only person who can help you when you are injured is your personal lawyer. You must choose an honest, reliable, and reputable personal injury attorney in South Carolina if you want to get compensated.
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