But what damages can you actually claim after a car accident in North Charleston? The answer isn’t always straightforward. South Carolina law allows accident victims to pursue multiple categories of damages, including economic, non-economic, and in some cases, punitive damages.
This in-depth guide will explain:
- The different types of damages available in a car accident claim
- How a North Charleston car accident attorney helps maximize your recovery
- Common mistakes victims make when calculating damages
- Local insights into how courts in Charleston County handle claims
Let’s dive into the details so you can better understand your rights and the role a skilled attorney plays in protecting them.
Why Damages Matter in North Charleston Car Accident Cases
After a collision, victims often underestimate the true cost of their injuries. It’s not just about fixing your car or covering the ER bill. A car accident can impact your life in many ways:
- Time away from work
- Ongoing medical treatments
- Therapy and rehabilitation
- Long-term pain and suffering
- Emotional distress and anxiety about driving again
Insurance companies often try to minimize payouts by focusing only on immediate expenses. A North Charleston car accident attorney ensures you pursue the full range of damages you are legally entitled to, not just what the insurer wants to pay.
Types of Damages You Can Claim in a North Charleston Car Accident
South Carolina law divides damages into several categories. Understanding these categories is critical for maximizing your claim.
Economic Damages: Tangible Financial Losses
Economic damages cover out-of-pocket expenses directly related to your accident.
Medical Expenses
- ER visits, surgeries, and hospital stays
- Prescription medications
- Physical therapy, rehabilitation, and chiropractic care
- Assistive devices like wheelchairs or crutches
- Future medical care if injuries are long-term or permanent
Lost Wages
- Compensation for missed work while recovering
- Lost bonuses, overtime, and promotions
- Future earning capacity if you cannot return to your previous job
Property Damage
- Repairs or replacement of your vehicle
- Damaged personal property (electronics, car seats, glasses, etc.)
Out-of-Pocket Costs
- Transportation to medical appointments
- Home modifications if you suffer permanent disability
- Childcare or household help if you are unable to manage daily tasks
Non-Economic Damages: Intangible Losses
Non-economic damages address the human impact of an accident, which can’t be calculated with receipts.
Pain and Suffering
Covers both physical pain from injuries and the discomfort caused by treatments.
Emotional Distress
Includes psychological effects such as PTSD, anxiety, and depression.
Loss of Enjoyment of Life
For victims who can no longer engage in hobbies, sports, or activities they once loved.
Loss of Consortium
Spouses may recover damages for the loss of companionship and support due to injuries.
Punitive Damages: Punishing Reckless Conduct
Unlike economic and non-economic damages, punitive damages are designed to punish the wrongdoer and deter future misconduct.
Examples in North Charleston Car Accident Cases:
- DUI-related crashes
- Street racing on I-26
- Hit-and-run accidents
- Extreme reckless driving
A North Charleston car accident attorney can argue for punitive damages if the at-fault driver’s behavior was especially dangerous.
How a North Charleston Car Accident Attorney Calculates Damages
Insurance adjusters often use formulas that undervalue claims. Attorneys take a more comprehensive approach.
Steps Attorneys Take:
- Gather Medical Records – to prove the extent and cost of your injuries.
- Consult Experts – economists, vocational specialists, and medical experts to calculate long-term costs.
- Document Lost Wages – using employer statements and tax records.
- Quantify Non-Economic Damages – based on case law and jury verdicts in Charleston County.
- Project Future Losses – considering ongoing treatments, therapy, and permanent disability.
Local Factors That Influence Damages in North Charleston
Every city has unique characteristics that impact accident claims.
- Tourist Traffic: Visitors are often unfamiliar with local roads, leading to higher accident risks.
- Industrial Areas: Accidents involving large trucks near the port and warehouses may lead to higher damage claims.
- Charleston County Courts: Local jury verdicts can influence how damages are calculated in settlements.
- Insurance Coverage Levels: South Carolina’s minimum coverage laws often fall short for serious accidents.
Common Mistakes Victims Make When Calculating Damages
Even strong cases can weaken if victims make costly errors:
- Accepting the First Settlement Offer – usually far less than what the case is worth.
- Failing to Seek Immediate Medical Care – insurers argue injuries aren’t serious.
- Not Documenting Expenses – every receipt matters.
- Handling Insurance Negotiations Alone – adjusters are trained to minimize payouts.
A North Charleston car accident attorney helps avoid these mistakes by guiding you through every step.
Case Examples: How Damages Are Recovered in North Charleston
Example 1: Rear-End Collision on Rivers Avenue
- The victim suffers whiplash and back injuries.
- Economic damages: $18,000 in medical bills + $6,000 lost wages.
- Non-economic damages: $25,000 for pain and suffering.
- Total settlement: $49,000.
Example 2: DUI Crash on I-26
- The victim suffers a broken leg requiring surgery.
- Economic damages: $75,000 medical + $30,000 lost wages.
- Non-economic damages: $80,000 for long-term pain.
- Punitive damages awarded: $100,000.
- Total recovery: $285,000.
The Importance of Timing: South Carolina Statute of Limitations
In South Carolina, you typically have three years from the date of the accident to file a lawsuit. Waiting too long can cost you your right to damages.
Your North Charleston car accident attorney ensures all deadlines are met, protecting your claim from being dismissed.
Frequently Asked Questions About Car Accident Damages in North Charleston
Can I claim damages if I was partially at fault?
Yes. South Carolina follows a modified comparative negligence rule. You can still recover damages if you were less than 51% at fault, but your award will be reduced by your percentage of fault.
What if the at-fault driver is uninsured?
Your attorney can pursue compensation through your uninsured/underinsured motorist coverage.
How long will it take to get compensation?
Timelines vary. Some cases settle in months, while others requiring litigation may take over a year.
Do I have to go to court?
Not always. Many cases settle before trial, but having an attorney prepared for court strengthens your bargaining position.
Ultimate Thoughts: Protect Your Rights With a North Charleston Car Accident Attorney
Car accident victims in North Charleston have the right to pursue economic, non-economic, and punitive damages. But without skilled legal representation, many victims walk away with far less than they deserve.
A North Charleston car accident attorney:
- Calculates the true value of your case
- Fights insurance companies for maximum compensation
- Protects your rights under South Carolina law
- Provides peace of mind during a stressful recovery
???? If you or a loved one has been injured in a car accident in North Charleston, don’t wait. Contact a trusted North Charleston car accident attorney today for a free consultation and take the first step toward protecting your future.
To know more details, contact us
Name of Law Firm: TED Law: Accident and Injury Law Firm, LLC
Address: 1075-A E Montague Ave, North Charleston, SC 29405, United States
Phone: 877-833-5297
Website URL: https://www.tedlaw.com/