In South Carolina, personal injury claims typically involve two main categories of damages: economic and non-economic. These damages aim to compensate victims for losses resulting from accidents or injuries caused by another party’s negligence. Economic damages, also known as special damages, cover tangible financial losses. These include:
Medical expenses: Both current and future costs related to treating the injury, such as hospital bills, surgeries, medications, and rehabilitation.
Lost wages: Compensation for income lost due to the inability to work during recovery.
Loss of earning capacity: Future income losses if the injury affects long-term work ability.
Property damage: Costs to repair or replace damaged property.
Non-economic damages, or general damages, compensate for intangible losses that don’t have a specific monetary value. These may include:
Pain and suffering: Physical discomfort and emotional distress caused by the injury.
Loss of enjoyment of life: Reduced ability to participate in activities or hobbies due to the injury.
Loss of consortium: Strain on relationships with loved ones resulting from the injury.
Emotional distress: Mental anguish or psychological impact of the injury.
In South Carolina, the amount of damages awarded often can be capped; accordingly, it’s important to consult with a South Carolina lawyer for advice after suffering a serious injury.
It’s worth noting that South Carolina follows a comparative negligence rule. If the plaintiff is found to be 50% or less at fault, they can still recover damages, but the amount will be reduced by their percentage of fault. The specific amount of damages claimed depends on various factors, including the severity of the injury and its impact on the victim’s life.
Understanding these categories of damages is crucial for anyone involved in a personal injury claim in South Carolina.
The attorneys and staff at the Hodge Law Firm can help determine potential damages and advise you on the proper legal recourse you may have.