Frequently Asked Questions

What compensation can I get after a car accident?

Car accident victims may suffer substantial injuries as well as damage to their vehicles. The injuries may also require time off from work or the inability to work. The victim has the right to seek compensation from the at-fault driver to cover the costs that arise from the accident.

Under South Carolina law, the victim may seek compensation from economic and noneconomic damages. Economic damages are financial costs or losses that have set amounts like medical expenses, medical care, lost wages, rehabilitation services, and repair or replacement of damaged property. Noneconomic damages do not have set values. They typically cover emotional or mental damages such as, pain and suffering, mental anguish, loss of companionship, loss of enjoyment of life and humiliation. Victims may also receive punitive damages as a part of their total compensation. To get punitive damages, the injured party would have to show by clear and convincing evidence that their injuries are a result of the at-fault driver’s intentional or reckless actions. Punitive damages are not a set amount and are calculated on a case-by-case basis. Certain factors help to determine the value, including:

• The at-fault driver’s degree of liability
• The severity of harm caused by the at-fault driver
• The percentage of harm contributed by the victim’s own conduct
• The at-fault driver’s ability to pay

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