As the victim of a Greenville, SC, car accident, you obviously want to obtain the maximum compensation available for your losses. You are probably wondering what value that compensation may reach. Unfortunately, not even the best Greenville car wreck lawyer can give you the exact amount.
You can obtain a viable estimate, based on your case details. You can also make sure you will obtain the maximum amount by working with an experienced Greenville car wreck lawyer. Why would you need one?
South Carolina law gives you the right to recover several types of losses. We will review them in the following lines. Before we do, it is important to note that you will need to support your car accident claim with evidence.
You will need to prove that:
- The party you are seeking damages from (or their insured) owed you a duty of care
- They breached their duty of care
- Their actions caused your accident
- The damages subject to your compensation claim were the result of the accident
You will also need to prove the value of the claimed damages. For some types of damages, this will be easy. For others, it will be nearly impossible. But there is nothing an experienced Greenville car accident attorney will not accomplish to help their clients.
Reviewing the types of damages you can claim will help understand what is so challenging about proving them.
Types of Damages a Greenville Car Wreck Lawyer May Claim
The damages available to South Carolina car accident victims fall into two main categories: economic and non-economic.
1. Economic Damages
This category includes direct expenses accident victims may incur. Common examples include:
- Car repairs
- Doctor consultations
- Surgery or medical devices
- Physical therapy or psychotherapy
- Home care, etc.
- Lost income
Their value is easy to calculate, as you simply add up the money you already spent. Usually, the more serious the accident, the higher the economic damages it brings about are. In order to prove this type of damages, you will need the repair shop invoice, the medical bills and receipts, etc.
If you have not yet completed your treatment, you can estimate future costs with medical reports and cost estimates. You should not delay contacting a Greenville car wreck lawyer for too long, as you could lose your right to compensation. There are strict statutes of limitations in place and you also need to give your attorney time to prepare the case.
2. Non-Economic Damages
Unlike property damage or medical expenses, these damages are more difficult to quantify and prove. They cover physical pain, emotional suffering, loss of enjoyment, or loss of companionship.
They are usually available to the victims of serious motor vehicle accidents, like someone who incurred severe spine or brain injury. In order to obtain the compensation you deserve, you will have to prove how much you have suffered following the accident.
It takes an experienced South Carolina car accident lawyer to convince an insurance company to award such damages. To succeed, they may use drug leaflets, psychological evaluations, divorce papers, witnesses, expert testimonies, and similar case files.
Can a Car Accident Lawyer in Greenville Claim Punitive Damages?
In rare and serious car crash cases, South Carolina courts may award punitive damages. In order for that to happen, two important conditions have to be met:
- Nominal or punitive damages must have been awarded
- The plaintiff needs to prove beyond reasonable doubt that the defendant acted intentionally or recklessly.
South Carolina Damage Caps
Unlike other states, South Carolina has few limits applicable to the compensation an accident victim may claim. One of them refers to non-economic damages in certain malpractice claims and is $350,000. The second one refers to claims against the governments. Compensations in these cases cannot exceed $300,000.
Leaving these limitations aside, compensation claim value may vary from a few thousand dollars to millions. It all depends on accident severity, consequences, fault distribution, and available evidence.
To make sure you get the highest compensation, you should get in touch with a Greenville auto accident lawyer as soon as possible. They will review your case, tell you how much your claim is worth, and help you gather the necessary evidence.
Find out How Much Your Claim Is Worth By Consulting a Greenville Car Wreck Lawyer Today!
Would you like to find out what value your compensation claim can reach? A Greenville car wreck lawyer at Hernandez & Cabra can help! Call our law firm office at 864-310-7897 and schedule a consultation! One of our car accident lawyers will review your case and answer your questions.