Were you hurt in an accident in Columbia or elsewhere in the wider region in South Carolina? You have the right to seek compensation for the full extent of your damages. Compensatory damages form the basis of a personal injury claim. In this article, our Columbia personal injury lawyer provides a guide to compensatory damages in South Carolina.
What are Compensatory Damages?
Broadly explained, compensatory damages are monetary awards designed to make an injured victim whole after a civil wrong. To be clear, they are not intended to punish the defendant. Instead, these damages are designed to compensate for actual losses caused by negligence, recklessness, or other actionable misconduct. Compensatory damages fall into two categories in South Carolina:
- Economic Damages: Economic damages include quantifiable losses such as medical expenses, lost wages, and diminished earning capacity.
- Non-Economic Damages: Non-economic damages include pain and suffering, emotional distress, and loss of enjoyment of life.
Examples of Compensatory Damages in Columbia, SC
A key principle to remember is that a personal injury claim is a civil cause of action that allows a victim to seek financial relief for their losses. These damages are referred to as compensatory damages, and they are divided into the two broad categories of economic and non-economic. There are a number of different specific examples of compensatory damages, including:
- Property Damage: Property damage compensates an injured victim for the repair or replacement of a vehicle or other property damaged in the accident. The measure of damages is generally the cost of repair or the fair market value at the time of loss.
- Medical Bills: Medical bills are foundational to any personal injury claim in South Carolina. Medical bills include the reasonable and necessary expenses incurred for the diagnosis and treatment of accident-related injuries. It is a category that covers hospital care, physician services, surgery, medication, rehabilitation, and other costs.
- Future Medical Costs: Future medical costs compensate for reasonably certain medical care required after resolution of the claim. These damages often require expert testimony to establish projected treatment needs and anticipated expenses. Indeed, future medical costs can be very challenging to value in a personal injury case.
- Lost Wages: A serious accident can keep you off the job. Compensatory damages can include lost wages. Lost wages reimburse the income the injured victim could not earn due to medically supported work restrictions.
- Diminished Earning Power: With a very serious injury, your long-term ability to earn a living may be adversely affected as well. Diminished earning power compensates for a long-term reduction in the ability to earn income.
- Pain and Suffering: Pain and suffering is the primary example of non-economic compensatory damages. Even though it is difficult to put a precise dollar amount on pain and suffering, that does not make it any less real.
- Long-Term Disability: Long-term disability damages reflect permanent impairment that limits functional ability. The category may involve documented physical restrictions, neurological deficits, or chronic conditions.
- Reduced Quality of Life: Finally, reduced quality of life can be another example of compensatory damage after a serious accident. Reduced quality of life compensates for the loss of enjoyment of activities previously pursued. Evidence may include an inability to participate in hobbies, family events, or routine daily tasks.
Tips for Getting the Maximum Compensatory Damages from the Insurance Company
Tip #1: Obtain Immediate Medical Treatment
You need to see a doctor for both medical reasons and legal reasons. Injured victims should seek prompt evaluation after the incident and follow all prescribed treatment plans. If you do not have comprehensive medical records, you will struggle to get full and fair financial compensation for your compensatory damages. Defendants and insurers take advantage of gaps in the evidence.
Tip #2: You Should Document All Economic Losses (With Precision)
Evidence is key to any personal injury claim, especially as it pertains to getting the maximum compensatory damages. Injured victims should maintain organized records of medical bills, prescription costs, mileage for treatment, wage statements, and other damages. It is also important to make a proactive effort to document non-economic damages, such as pain and suffering.
Tip #3: Avoid Recorded Statements Without Legal Guidance
Insurance companies are not on your side. Insurance adjusters seek statements that limit exposure. Inconsistent descriptions or speculative comments about fault can reduce recovery. You should always work with insurance companies through a Columbia personal injury lawyer. Your attorney will ensure that your rights are properly protected.
Be Proactive: Three Year Statute of Limitations
Under South Carolina law (South Carolina Code § 15-3-530), there is generally a three year statute of limitations for personal injury claims. If you do not initiate your case in a timely manner, you may be denied the ability to pursue compensatory damages for your losses. A proactive approach is a must: You do not want to miss your chance at justice. The sooner you speak to a top-rated Columbia, SC personal injury lawyer, the better your chances to maximize your compensatory damages.
Why Trust Our Columbia Personal Injury Lawyer to Help You Maximize Your Compensation
Following a serious accident in Columbia or elsewhere in South Carolina, it is imperative that you are able to secure the maximum available compensation, including for the full scope of your economic losses and your non-economic damages. At McCravy, Newlon & Clardy Law Firm P.A., we have the experience needed to hold defendants and insurers accountable. Our client testimonials and our history of case results show how we can make a difference. Your initial consultation with our Columbia personal injury attorney is free, confidential, and without any additional obligations.
Contact Our Columbia, SC Personal Injury Lawyer for a Free Consultation
At McCravy, Newlon & Clardy Law Firm P.A., our Columbia personal injury attorney is an aggressive advocate for justice. If you have any questions about compensatory damages, we can help. Contact us now to set up your free, no strings attached case review. We handle personal injury cases in Columbia and throughout the region, including in the zip codes of 29201, 29202, 29203, 29204, 29205, 29206, and 29207.