A car accident can change everything in an instant. It might happen at a red light or while merging onto the highway. Suddenly, you’re dealing with injuries, medical bills, and uncertainty about what comes next. If you’ve been injured in a crash, you may be entitled to compensation, and it’s important to understand the different damages available to you under South Carolina law. Since 1968, our experienced car accident lawyers at Joye Law Firm Injury Lawyers have helped thousands of people across the state get the recovery they need. You don’t have to face the insurance companies or legal process on your own. According to a study by the Insurance Research Council, people represented by an attorney typically get over three times more money from the insurance company than those representing themselves.
Our legal team has the experience to protect your rights under South Carolina law and the skill to push back against insurance adjusters who try to settle for the lowest amount possible. If another driver caused your accident, we can help you recover economic and non-economic damages for the disruption to your life caused by the at-fault driver.
If you’ve been in a car accident and are suffering from emotional and physical pain, we’re here to help you understand your legal options and seek compensation. To speak with someone about your car accident case, call us today at 888-324-3100. Your consultation is free, and we’re here to support you all the way.
What Counts as a Personal Injury Claim Under South Carolina Law?
A personal injury claim is a legal path available to those who are injured due to someone else’s actions. In car accident cases, the other driver is often considered the at-fault party, but sometimes there are multiple parties who can be held accountable for a crash.
To recover damages, you must show the other driver failed to act responsibly. That may include:
- Texting while driving
- Speeding accidents
- Ignoring traffic signs
- Driving under the influence
Joye Law Firm handles personal injury cases throughout the state, including auto accident claims that involve serious injuries, insurance claim denials, and disputed liability. If you were hurt in a car crash, we can help gather evidence, protect your rights, and build a strong case against the at-fault parties.
What Damages Can You Recover After a Car Wreck?
South Carolina law divides damages from car accidents into two main types: economic damages and non-economic damages.
Economic damages
Economic damages are the financial costs tied directly to your accident and injuries. Because these often come with receipts or records, they are easier to calculate and prove. They may include:
- Medical bills for hospital stays, surgeries, medications, doctor visits, and chiropractic care
- Future medical expenses if your injuries are ongoing or permanent
- Physical therapy, rehabilitation, and adaptive medical devices
- Nursing care, whether in-home or inpatient
- Transportation costs for traveling to medical appointments
- Lost wages from time missed at work, even if you used sick leave or vacation days
- Future lost earning potential if you can no longer work in the same capacity
- Property damage, such as repairs or replacement based on fair market value
- Other out-of-pocket expenses related to your injuries
In some cases, expert testimony from physicians or financial specialists may be used to project future costs and losses, ensuring you are not left with uncovered expenses years down the line.
Non-Economic Damages
On the other hand, non-economic damages are more difficult to measure but equally important. Not all losses can be measured in dollars and cents. Non-economic damages reflect how the accident affected your quality of life, including:
- Pain and suffering from physical injuries
- Emotional distress and mental anguish
- Loss of enjoyment of normal activities and hobbies
- Psychological injuries such as depression or post-traumatic stress disorder
Although more difficult to measure, these damages are just as vital. They acknowledge the daily struggles, discomfort, and long-term emotional toll that an injury can bring.
Together, these damages help restore you to the same position you were in before the accident occurred.
What are Punitive Damages?
In some cases, you may also be eligible for punitive damages, another type of damages that may be available in personal injury lawsuits. These apply in situations where the other driver acted with conscious disregard for your safety, examples include drunk driving crashes or cases involving reckless driving. Unlike the other types of compensation, these damages are not intended as compensation for specific losses, but are instead targeted at punishing the defendant for wrongful acts.
There are limits on when punitive damages are awarded, and they are not appropriate in every case. Section 15-32-510 of the South Carolina Code says that plaintiffs may seek punitive damages in personal injury complaints, although they cannot demand a specific amount.
Punitive damages may be awarded to plaintiffs when the harm to the victim was caused by willful or reckless conduct, which the plaintiffs must prove.
The judge or jury will consider a variety of factors in determining an appropriate amount of punitive damages, including:
- The defendant’s degree of culpability.
- The severity of the harm.
- The extent to which the plaintiff’s own actions contributed to the accident and injuries.
- The duration of the defendant’s conduct.
- Whether the defendant concealed the wrongful acts or attempted to.
- How aware the defendant was of the risk he or she created.
- The ability of the defendant to pay punitive damages.
- Whether the defendant profited from the conduct.
- How likely it is that punitive damages will deter the defendant or others from acting in a similar way.
- Whether any criminal penalties were imposed on the defendant.
- Whether the defendant faced any civil fines as a result of the actions.
Caps on Punitive Damages
South Carolina law does not put caps on economic or non-economic damages, but it does stipulate that punitive damages may not exceed either $500,000 or three times the amount of the compensatory damages that a plaintiff receives, except in certain limited circumstances where the defendant’s conduct was for unreasonable financial gain or could be considered a felony.
