Economic Damages: Recovering Tangible Financial Losses 
Economic damages, sometimes called special damages, are designed to cover tangible financial losses caused by the accident. These losses are often straightforward to quantify, but proper documentation and legal advocacy are essential to ensure full compensation.
Medical Expenses: The cost of immediate medical attention, hospital stays, surgeries, medications, and ongoing treatments are all considered economic damages. South Carolina law also allows for recovery of future medical expenses if the injury results in long-term care or rehabilitation needs. Ensuring accurate records from healthcare providers is crucial, as insurance companies will scrutinize these claims closely.
Lost Income and Reduced Earning Capacity: If injuries prevent you from returning to work, you may recover lost wages from the time of the accident until a full recovery. Additionally, if your ability to earn income in the future is affected, South Carolina law allows for compensation reflecting the reduction in your earning capacity. Proper documentation from employers, pay stubs, and medical assessments is required to substantiate these claims.
Property Damage: Compensation for property damage includes repairs to your vehicle, replacement of totaled vehicles, and damage to personal property involved in the accident. In some cases, compensation may also cover loss of use if a replacement vehicle is necessary during repairs.
Out-of-Pocket Expenses: Accident victims often incur additional costs such as transportation to medical appointments, childcare, home modifications, and other expenses directly related to the injury. These costs are recoverable with proper documentation and receipts.
Non-Economic Damages: Compensation for Intangible Harm
Non-economic damages, or general damages, address intangible harms that are more subjective but have a profound impact on your quality of life. South Carolina law recognizes the importance of these damages to ensure victims are fully compensated for the consequences of injuries. Pain and Suffering: This includes the physical pain experienced due to the accident and any related emotional distress. The severity and duration of injuries often determine the compensation awarded. Loss of Enjoyment of Life: If injuries prevent you from participating in hobbies, social activities, or daily routines, you may recover damages for this loss. The purpose is to compensate for a reduction in life quality caused by the accident. Emotional Distress: Accidents can cause anxiety, depression, or post-traumatic stress. Documenting mental health treatment and expert evaluations strengthens these claims.Punitive Damages: When Reckless Conduct Is Involved
Punitive damages are rare but can be awarded in cases where the at-fault party engaged in grossly negligent or intentional conduct, such as drunk driving. These damages are intended to punish egregious behavior and deter similar conduct. While they are not common in standard car accident claims, they can significantly increase the total recovery when applicable.How Damages Are Calculated in South Carolina
The process of calculating damages involves careful consideration of medical records, financial losses, and the overall impact of injuries on your life. South Carolina follows a comparative negligence standard, which means that your compensation may be reduced if you share any fault in the accident. For example, if you are found to be 25% at fault, any damages awarded would be reduced by that percentage. Insurance companies typically calculate damages based on submitted documentation, estimates, and their evaluation of the case’s merits. Legal advocacy is critical to ensuring that all eligible damages are fully accounted for, including those that may be overlooked or undervalued by insurers.Steps to Maximize Recovery
- Seek Immediate Medical Care: Prioritizing health is essential, and medical records provide key evidence for your claim.
- Document the Accident and Its Consequences: Maintain detailed records, including photographs of the accident scene, vehicle damage, and receipts for expenses.
- Notify Your Insurance Company Promptly: Provide accurate information without making statements that may limit your rights.
- Consult an Experienced Attorney: A Myrtle Beach car accident lawyer can evaluate damages, negotiate with insurance companies, and represent you in court if necessary.
- File a Claim or Pursue Legal Action: Many cases settle out of court, but legal representation ensures your interests are protected and your claim is fully developed.
During this most difficult period of time in my life, Margaret Evans and the staff assisted me during my divorce. I needed legal counsel which was provided professionally and efficiently. Thank you for your prompt and courtesy service to me.
- Mark Hafenbreidel
Made the home closing process quick and easy! We appreciated their quick and clear communications, especially since our closing was over the holidays.
- Alyssa Burke
Client Reviews
See what our clients have to say about our law firm and the people who are a part of it.