If you or a loved one has been injured in a car wreck, reach out to a seasoned lawyer who has experience calculating damages in Charleston car accident claims. After reviewing the facts of the case, an attorney could determine the amount of compensation that you deserve. Calculating economic and non-economic damages can be challenging, which is why it is crucial to have a well-established legal professional help you with this process. Call today to learn more about how a lawyer could help you recover the car collision damages you need.
Economic and Non-Economic Damages
A car wreck victim could be eligible for economic and non-economic damages. Economic damages include lost wages, property damage, medical expenses, and other out-of-pocket expenses. Monetary losses are easier to calculate than non-economic damages.
Non-economic damages are monetary awards for injuries sustained and are difficult to calculate because they stem from non-monetary losses. Non-economic damages are often non-tangible compensable. These can include loss of enjoyment of life, pain and suffering, and mental anguish. It can be difficult for other people to understand the level of everyday pain an injured victim experiences due to the negligence of another. For this reason, it is critical for injured people to contact a car wreck lawyer who could assist with calculating damages in Charleston car accident claims.
How Non-Economic Damages Are Calculated
It is exceptionally challenging to put a numeric value to someone’s enjoyment of life and pain and suffering. Pain levels and how they can affect day-to-day life vary from person to person. Because of this, the amounts awarded changes from jury to jury with each awarding what they think is a reasonable and quantifiable amount.
Demonstrating evidence of pain and suffering can be difficult. One common issue is the disconnect from the evidence presented and the jury’s understanding of how much pain was endured by the victim. While broken bone and MRI evidence of easily viewable injuries might be easy for a jury to ascribe a value to, this might not be the case when presenting an MRI of a herniated disc in court. Therefore, it becomes difficult for the jury to place reasonable and quantifiable sums to these painful injuries unless they have experienced such a malady.
With the help of an experienced lawyer, these cases could be easier to present. Attorneys can teach and demonstrate to the jury the damages suffered by a victim by using a manner of visual aids, testimonies, and by sharing information regarding common monetary awards that match the individual’s sustained injury.
Damage Caps in Charleston Car Collisions
Most cases fall under a type of cap such as the South Carolina Tort Claims Act cap, which limits monetary awards at $300,000. However, different theories of negligence may be used to get around this cap.
While there are caps on medical malpractice cases for both economic and non-economic damages, there are also instances where a lawyer may argue that the party at fault was responsible for multiple instances of negligence. When this happens, a lawyer may argue a cap per occurrence and file two separate cases. A cap per occurrence requires a very case-by-case specific analysis, so it is critical that the person involved in any serious accident seeks experienced legal representation to evaluate the best arguments, theories, and ways to maximize the avenues of recovery in their case.
A Lawyer Could Help with Calculating Damages in Charleston Car Accident Claims
If you were injured in a car crash, contact an accomplished personal injury lawyer today. An attorney could help you with calculating damages in Charleston car accident claims. With a lawyer by your side, you can focus on your recovery. Call today and set up a consultation.