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    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:

    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.

    The different types of compensation available for car accidents

    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.

    Calculating Pain and Suffering After a Car Crash

    Calculating pain and suffering damages isn’t as simple as adding up receipts. These damages are based on the actual impact the accident has had on your life. The more severe your injuries and the longer your recovery, the more pain and suffering you’re likely to experience.

    Factors that affect this include:

    • The type and seriousness of your physical injuries
    • How long the physical discomfort or emotional distress lasts
    • Your ability to return to work or daily life
    • Any permanent disability or scarring
    • The emotional attachment you’ve lost to activities you once enjoyed

    Insurance companies often try to reduce these amounts or use formulas that don’t reflect the actual pain caused. That’s why it’s important to work with an experienced car accident lawyer who can gather medical records, witness statements, and other evidence to show the full scope of your suffering.

    At Joye Law Firm, we focus on calculating pain fairly and accurately based on the specific facts of each case, not the insurance company’s estimates. Whether you’ve experienced mental suffering or physical trauma, we’re here to help you pursue compensation that reflects the reality of your losses.

    Comparative Negligence in South Carolina Car Accident Cases

    South Carolina follows the comparative negligence rule. This means if more than one person contributed to the accident, the damages you can recover may be reduced. However, you can still receive compensation if you’re less than 51% at fault.

    For example, if a jury determines your total damages are $100,000 and you’re found 30% at fault, you can recover 70% or $70,000. However, if you are found to be 51% or more at fault, you are not entitled to recover any damages.

    This rule emphasizes the importance of gathering evidence early. Photos of the crash scene, damage to the vehicle, traffic signs, and statements from witnesses contribute to proving the other driver’s responsibility.

    Comparative negligence applies not only in court. Insurance companies use it when reviewing your claim. The more blame they place on you, the lower their offer may be. Joye Law Firm helps car accident victims push back against unfair blame and seek fair compensation for their losses.

    South Carolina Modified Comparative Negligence breakdown

    Why Choose Joye Law Firm for Your Car Accident Claim

    When you’ve been hurt in a car accident, choosing the right lawyer matters. At Joye Law Firm, we’ve been standing up for South Carolinians since 1968, and our record of results and reputation for client care set us apart. Here’s why:

    • Proven Results:
    • Commitment to Clients:
      • We treat every client with compassion and respect during one of the most stressful times in their lives.
      • You’ll always know where your case stands, our attorneys and staff pride themselves on clear communication and accessibility.
    • Experience & Skill:
      • Trial-tested attorneys who won’t hesitate to take your case to court when insurers refuse to play fair.
      • A full team of investigators, case managers, legal assistants, and experts dedicated to building the strongest possible case.
    • Respected & Recognized:
    • Insurance Company Reputation:
      • Insurers know Joye Law Firm will fight, and that often means better settlement offers for our clients.
      • We push back against lowball tactics and fight for the true value of your case, including future medical needs and long-term financial losses.

    With Joye Law Firm, you don’t just get a lawyer, you get a dedicated team with the resources, experience, and heart to stand by your side and fight for every dollar you deserve.

    FAQs About Car Accident Damages in South Carolina

    Recovering Damages in Car Accident

    Can I recover damages if the accident aggravated a pre-existing condition?

    Yes. Under South Carolina law, if a car accident worsens a pre-existing condition (like a back injury or arthritis), you may still recover compensation for the aggravation of that condition. You don’t need to be in perfect health before the crash to qualify for damages.

    Can I recover damages if the at-fault driver was uninsured or underinsured?

    Yes. If the at-fault driver lacks sufficient insurance, your uninsured or underinsured motorist (UM/UIM) coverages can help. South Carolina requires drivers to carry UM coverage, and UIM is optional but highly recommended. This coverage can help pay for medical bills, lost wages, and other related expenses.

    What if the accident involved a rideshare driver like Uber or Lyft?

    If you were injured in an accident involving an Uber or Lyft driver, you may be able to seek compensation through the driver’s personal insurance, the rideshare company’s insurance policy, or both, depending on whether the driver was actively working at the time. These cases involve complex insurance issues.

    Are passengers entitled to compensation in South Carolina car accidents?

    Yes. Passengers injured in a car crash can file a claim against the at-fault driver, whether it’s the driver of another vehicle or the one they were riding with. In many cases, passengers face fewer obstacles to proving liability and may be entitled to full compensation.

    Can I get reimbursed for mileage to medical appointments?

    Possibly. While not always top-of-mind, mileage and travel costs to and from doctor visits, physical therapy, and other treatment may be included as part of your economic damages if properly documented. Keep a log of travel related to your injury treatment.

    What if a loved one died in a car accident? Can damages still be recovered?

    Yes. Surviving family members of fatal collisions may file a wrongful death claim. Damages can include funeral expenses, loss of future income, loss of companionship, and emotional suffering. A separate survival action may also recover damages for the pain and suffering the person experienced before death.

    Talk to a South Carolina Lawyer About Your Car Accident Case

    If you’ve been hurt in a car accident, the recovery isn’t just physical. You might be dealing with pain, stress, and missed work. It’s a lot, and you shouldn’t have to handle it on your own.

    Since 1968, Joye Law Firm has been helping people across South Carolina get compensation after a car accident. That includes both financial losses and the impact the injury has had on your life. Don’t agree to a settlement until you know what your case is really worth.

    Just Call Joye at (888) 324-3100 for a free consultation. We’ll listen, explain your options, and fight to get you everything you’re owed.

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    Joye Law Firm's Myrtle Beach office