In South Carolina those who have been injured in a car wreck that wasn’t their fault can seek compensation to help cover damages and medical expenses. As personal injury lawyers, our job is to help victims obtain the optimal amount — but this depends on various factors, including the severity of the events, who was at fault, state laws, and more. That makes exact compensation difficult to calculate as it depends on the particular circumstances of each case. In this blog, we will go over typical factors influencing compensation amounts, how compensation is calculated, and why having a personal injury lawyer can help.
Typical Car Crash Compensation Amounts
As South Carolina personal injury lawyers, we have seen a vast range of compensation awarded to those in car accidents. The amounts awarded in these cases can vary depending on the extent of the injuries, the impact on the victim’s life, the degree of negligence involved, and other factors.
Like much of the US, South Carolina requires auto insurance, and insurance companies often pay out-of-court settlements after a wreck. However, insurance companies sometimes attempt to minimize compensation or outright deny a claim, so it’s wise to seek legal advice. These cases often require extensive legal preparation and negotiation or courtroom trials to secure fair compensation for the victim.
Big settlements involving severe injuries, significant property damage, or wrongful death claims often require extensive legal negotiation or courtroom trials to secure fair compensation for the victim. The amounts awarded in these major settlement cases can vary depending on the extent of the injuries, the impact on the victim’s life, and the degree of negligence involved.
To give a clearer idea, in 2022, the Insurance Information Institute reported that the average auto liability claim across the US amounted to $6,551 for property damage and $26,501 for bodily injury. Meanwhile, a survey conducted by legal publisher Martindale-Nolo between 2015 and 2020 also revealed respondents received an average payout of $23,900. Martindale-Nolo was careful to note that the amounts varied widely, with under $5,000 typically for minor injuries and over $20,000 for more serious and permanent injuries.
While our exact figure can never be guaranteed, these studies illustrate the sliding scale based on the severity of events. While insurance might cover minor car damage or injury on one side of the scale, it’s not unheard of for car crash settlements in South Carolina to reach six figures in cases involving severe injuries, significant property damage, or wrongful death claims on the other end of the scale. If you’re involved in a car accident and weren’t at fault, having a skilled personal injury lawyer can make a significant difference in achieving the maximum compensation available under South Carolina law.
Factors Influencing Compensation Amounts
In addition to the extent of the injury, several other factors come into play when calculating compensation. Key considerations include the degree of fault, the availability of payment sources, and the specific laws of the state. These elements can all significantly influence the amount and source of compensation awarded.
Liability and Fault
In SC, determining who is at fault can significantly influence the compensation. If one party is solely responsible, they may be required to pay for all damages. However, South Carolina operates under a comparative negligence rule, meaning if you are partially at fault for the accident, your compensation may be reduced by your percentage of fault.
Insurance Policies
The limits of the at-fault driver’s insurance policy can significantly impact compensation. If the at-fault driver has low coverage or no insurance, it may be necessary to seek compensation through your own uninsured/underinsured motorist coverage, potentially limiting the amount you receive. This is why it’s crucial to have adequate coverage on your policy to protect yourself in such cases.
State Laws
South Carolina laws such those relating to comparative negligence and punitive damages also influence compensation amounts for car wreck victims. Additionally, such claims must be made within the applicable statute of limitations, which is generally 3 years, or you may lose your right to seek compensation.
How Compensation Is Calculated
In a personal injury case, lawyers use measurable elements such as lost earnings and medical expenses to reach a finite amount of tangible damages. However, there’s no simple formula for intangible damages like decreased mobility and missing precious moments with loved ones or significant life events such as graduations due to hospital stays. Even long-term career setbacks can happen due to car accidents and may be incorporated into compensation. Below are the types of damages that may be calculated into compensation:
- Compensation for Medical Expenses: reimbursement of all current and future medical costs, are covered, including surgeries, hospital stays, doctor appointments, rehabilitation, and therapy.
- Lost Wages and Future Earning Capacity: recovery of lost wages and consideration of any future earning potential lost due to injury or disability.
- Pain and Suffering: compensation that fairly reflects the physical pain, emotional distress, and lifestyle changes that come with a serious injury.
- Loss of Enjoyment of Life: compensation for an injury’s impact on your ability to enjoy activities you once loved, such as playing with your children or participating in hobbies.
- Loss of Consortium: in South Carolina, spouses may be able to seek compensation when their partner has been injured in a car wreck caused by another person’s negligence. Claims for compensation may include the loss of such things as emotional support, comfort, help with household chores, financial support, and others.
- Property Damage: compensation for any damage to your vehicle or other personal property is fully compensated.
- Long-Term or Permanent Disability: for injuries resulting in permanent disability, compensation may account for the long-term impact on your quality of life and ability to work.
- Punitive Damages: in cases involving wilful or reckless conduct, punitive damages may be sought to punish the responsible party and deter similar conduct in the future.
This is where a team of skilled personal injury lawyers steps in, working with all parties to promote a fair and just compensation amount being reached. At The Clardy Law Firm, we’ll fight to get your life back on track after a car crash to recover your finances and quality of life.
Steps to Take After a Car Crash
Being in a motor vehicle accident is undoubtedly traumatizing, and it’s easy to misremember events or doubt what happened due to shock. Following the steps below is vital to ensure you have the best chance of receiving due compensation after a car crash.
- Ensure Safety and Call 911: First and foremost, check for injuries and make sure everyone is safe. Call emergency services to report the accident and ensure medical help is on the way if needed.
- Gather Evidence: Take photos of the accident scene, including vehicle damage, license plates, skid marks, and any visible injuries. If possible, take photos of traffic signals or signs and road conditions that could be relevant to the cause of the crash.
- Exchange Information: Exchange contact and insurance details with the other driver(s), including names, addresses, phone numbers, and policy numbers. Be sure to gather the contact details of any witnesses who saw the accident unfold.
- Avoid Admitting Fault: Even if you feel partially responsible, avoid admitting fault at the scene. The circumstances may not be clear, and statements made at the scene can impact your case later.
- Seek Medical Attention: Even if you don’t immediately feel injured, it’s important to get checked out by a healthcare professional. Some injuries, like whiplash or internal injuries, may not be immediately apparent.
- Contact a Personal Injury Lawyer: A skilled personal injury lawyer can help you navigate the complexities of filing a claim and negotiating with insurance companies. They’ll help protect your rights to achieve the best possible compensation.
- Keep Records: Record all medical treatments, expenses and any communications related to your case and to support your compensation claims.
- Follow Up on the Insurance Claim: Work closely with your lawyer to follow up with the insurance company so all claims are processed efficiently and protect your right to receive fair compensation.
Having the right team will help you reach a fair outcome. If you take a calm and practical approach, a personal injury lawyer can better handle the heavy lifting that can make all the difference in claiming compensation.
How a Personal Injury Lawyer Can Help
If you’re injured in a car accident, compensation will help recoup financial losses when insurance disputes arise. Beyond that, having someone on your side will let you focus on recovery while they deal with the legal measures within a complex system. Here are the key areas a lawyer can help guide you through:
Legal Guidance and Case Evaluation
A lawyer will assess the details of your accident and provide experienced legal guidance to help you seek the compensation you deserve. They’ll clarify your legal rights and obligations, so you can make informed decisions at every step. The Clardy Law Firm offers free case consultations and only accepts payment if we secure compensation.
Handling Insurance Companies
Insurance companies often aim to minimize payouts. A lawyer will communicate and negotiate with them on your behalf, seeking a fair settlement for your injuries, lost income, and other damages.
Gathering and Preserving Evidence
Attorneys are skilled at collecting and preserving critical evidence, such as police reports, witness statements, medical records, and accident scene photos. They may also work with accident reconstruction experts to strengthen your case.
Calculating Fair Compensation
Determining the full extent of your losses requires experience. Our attorneys will carefully assess all factors of your case, such as medical expenses and lost earnings, pain and suffering, the degree of recklessness involved, and other damages, when seeking compensation for your claim.
Filing Legal Documents and Meeting Deadlines
Personal injury claims often involve tight deadlines, including statutes of limitations. A lawyer will work to make sure all necessary paperwork is completed accurately and filed on time.
Representing You in Court
A lawyer will represent you in court if a fair settlement cannot be reached through negotiation. They’ll present a compelling case, advocate on your behalf, and fight for the justice you deserve.
Providing Peace of Mind
Having an experienced attorney handle the complexities of your claim allows you to focus on recovery. Their knowledge and advocacy help alleviate the stress of dealing with legal matters during an already challenging time.
Claim Your Car Crash Compensation
At The Clardy Law Firm, we will help you move beyond car crash injuries, property damage, loss of enjoyment of life, and more. Our team is dedicated to treating each case personally and compassionately to deliver the highest compensation possible; just as each personal injury case is unique, so are the people involved. We aim to be there with you every step of the way to give you reassurance and support during a difficult situation.
If you’ve been in a car crash and feel you are owed compensation, contact us today for a free case evaluation.
