A car accident can result in many losses. You may have to pay for vehicle repairs or even purchase a new car. If you were injured, you’ll have medical expenses for doctors, X-rays, labs, and possibly a hospital stay, ambulance ride, or surgery. Additionally, your injuries may force you to miss work, resulting in a loss of pay.
If you were the victim of a car accident due to the careless, negligent, or reckless actions of another driver, you may be entitled to compensation to offset your losses. At Holland & Usry, our experienced auto collision attorney can provide a free case review to help you determine your recoverable damages after a Spartanburg car accident.
In a lawsuit, “damages” simply refer to the monetary compensation awarded to the injured party. Legal damages are broadly categorized into two primary types: compensatory damages and punitive damages.
In a car accident case, compensatory damages are intended to compensate the victim and restore them to their pre-accident state. Punitive damages are awarded in cases involving recklessness, like drunk drivers. In South Carolina, punitive damages are designed to punish the wrongdoer, deter others from doing the same, and vindicate the rights of the victim.
Under South Carolina law, compensatory damages are only capped in car accident cases caused by government employees. Punitive damages, however, are limited to the greater of three times the compensatory damage award or $500,000, with the possibility of a larger award in extreme circumstances set by law. A person injured in an auto accident in Spartanburg can work with an attorney to determine the extent of compensation they can claim.
Compensatory damages are further divided into economic and non-economic damages.
Economic damages just means it’s easy to put a dollar value on them. For economic damages, a lawyer will demonstrate the need for monetary compensation by presenting evidence of the costs incurred due to the accident. This evidence may include statements related to injuries sustained, such as:
Additionally, it may include expenses related to property damage, like:
This evidence makes it easier to justify awarding damages, as the court can clearly see the amount already spent or calculate what is likely to be spent in the future.
Non-economic damages are harder to put a dollar value on. They concern losses that are more subjective, such as:
Working with a Spartanburg attorney experienced in handling these types of car collision claims improves your chances of receiving full compensation for your injuries. At Holland & Usry, we offer a free case review to assess and determine what forms of compensation you are entitled to in your specific case.
It’s important to provide your attorney with documentation for all of these expenses, including:
If you suffered serious injuries, you might need to claim future expenses related to your ongoing medical needs or lost earning capacity. Your Spartanburg lawyer may hire an expert witness to present evidence related to long-term care or anticipated future medical expenses, and to support the claim for any non-economic damages from the collision.
Photographs, medical records, and witness testimony can also be useful to demonstrate both types of compensatory damages.
Dealing with injuries after a car accident is difficult enough without having to navigate the process of proving you’re entitled to damages. In such situations, the assistance of an experienced legal professional becomes essential.
If you or a loved one was the victim of a car crash, call Holland & Usry for information on recoverable damages after a Spartanburg accident. We’ll connect you with a lawyer who can provide a free case review and advise you on the next steps to move forward with your case.