A collision can leave you with more than just a concussion, broken bones, and mounting medical bills. You may also need time off work to recover, treatments for PTSD, repairs to your vehicle, transportation costs while work is being done, and more. Because of this, there are several kinds of car accident damages that South Carolina allows residents to recover after a crash. Economic, non-economic, and punitive damages can help accident victims close the gap between the harm done and a full recovery.
At Alderson Law Firm, we understand that every accident creates unique circumstances requiring personalized attention. A Greenville car accident lawyer can identify the full scope of damages and fight for your maximum recovery.
Economic Damages
Economic damages represent the measurable financial losses you experience from your car accident. These damages have specific dollar amounts attached to them, making them easiest to calculate and prove in court. Some examples of economic damages after a Greenville car accident include:
- Medical expenses. Medical expenses form the foundation of most car accident claims. This category includes emergency room visits, ambulance transportation, hospital stays, surgery costs, prescription medications, and follow-up appointments. Physical therapy, occupational therapy, and other rehabilitation services also qualify for compensation. If your injuries require future medical treatment, those projected costs can be included in your settlement or court award.
- Lost wages. Missing wages compensate you for income you cannot earn while recovering from your injuries. This includes time off from work for medical appointments, treatment sessions, and periods when your injuries prevent you from performing your job duties.
- Lost earning capacity. If your injuries permanently affect your ability to return to work, you may qualify for lost earning capacity damages. Examples include if you must change careers due to chronic pain, accept lower-paying work due to disability, or reduce your working hours due to accident-related limitations. Your diminished earning potential can be accounted for in the settlement with the help of an experienced Greenville car accident lawyer.
- Property damage. Property damage covers repairs or the fair market value of your vehicle and any personal items damaged in the crash. This can also include rental car expenses while your vehicle undergoes repairs.
These damages help compensate you for the tangible losses you suffered, but won’t fully compensate you for your accident injuries.
Non-Economic Damages
Many car accidents cost victims more than just dollars and cents. Non-economic damages compensate you for losses that cannot be easily quantified. Some common examples include:
- Pain and suffering. Pain and suffering include the physical pain from your injuries and emotional distress caused by the accident. Chronic pain, permanent disability, and disfigurement all contribute to pain and suffering calculations. South Carolina courts consider the severity of your injuries, the duration of your recovery, and how your condition affects your daily activities.
- Loss of enjoyment. Loss of enjoyment of life compensates you when injuries prevent you from participating in activities you previously enjoyed. You deserve compensation if you can no longer play a favorite sport, go fishing, pursue hobbies, or spend quality time with your family. South Carolina courts may award accident victims damages for loss of enjoyment after a particularly devastating crash.
- Mental anguish. Many car accident victims develop anxiety about driving, depression related to their injuries, or post-traumatic stress disorder. These mental health impacts require treatment and may significantly affect your quality of life.
- Loss of consortium. Loss of consortium compensates your spouse for the impact your injuries have on your marital relationship. This includes loss of companionship, affection, and intimacy resulting from your accident-related limitations.
These damages recognize that car accidents affect more than just your bank account.
Punitive Damages Penalize Reckless Behavior in South Carolina
Under the South Carolina Non-Economic Damage Awards Act of 2005, “Punitive damages may be awarded only if the plaintiff proves by clear and convincing evidence that his harm was the result of the defendant's wilful, wanton, or reckless conduct.” Some examples of Greenville crashes that might involve punitive damages are:
- Drunk driving. South Carolina law prohibits driving a motor vehicle with a Blood Alcohol Content (BAC) of 0.08 percent or higher. When a driver causes a crash while intoxicated, courts often view this as willful and wanton misconduct deserving additional punishment beyond compensatory damages.
- Reckless driving. Reckless driving behaviors such as excessive speeding, street racing, or intentionally aggressive driving may also warrant punitive damages. The key factor is whether the defendant's conduct went beyond ordinary negligence to demonstrate a conscious disregard for the safety of others.
These damages are geared towards punishing an especially reckless driver and deterring similar behavior in the future and by others.
Maximizing Your Recovery with a Greenville Accident Attorney
Working with an experienced Greenville car accident lawyer helps ensure you receive full compensation for all applicable damages. At Alderson Law, we see every day how insurance companies may try to minimize settlements by focusing only on obvious economic losses while ignoring significant non-economic damages. We advise our clients to document their experience fully, creating a paper trail of the harm done. Our firm may also be able to connect you with medical and vocational experts who can provide context for your loss during negotiations, pre-trial, and in the courtroom. Finally, our firm brings Ryan Alderson’s experience as a prosecutor to bear in representing harmed South Carolinians.