Suffering a collision with a vehicle could prove to have detrimental consequences. Of these consequences exists the need to pay for medical costs and miss time from work. As a result, victims should make sure to take the necessary actions for recovering the damages owed to them if their accident was caused by the negligent party.
For more insight regarding the recoverable damages in Charleston pedestrian accident cases, be sure to get in touch with a professional attorney today for help.
What are the Different Types of Damages Available in a Pedestrian Accident Case?
Victims are entitled to both economic and noneconomic damages. Economic damages accounts for tangible damages such as lost wages and medical expenses. These damages are easy to place a number on and can be calculated with the help of an attorney. On the other hand, noneconomic damages accounts for damages that are not as easy to calculate since they consist of compensation for psychological hardship. Individuals can recoup damages for pain and suffering, loss of enjoyment of life, and any resulting trauma.
When trying to calculate the amount of damages owed, individuals should work with an expert to fully understands the types of expenses victims should try to recoup compensation for. An economist could sit with the plaintiff and their attorney to get a better sense of what the future repercussions will be as a result of trying to heal from the injuries sustained.
An economist may recommend to include every cost resulting from medical treatment, which could end up to be a hefty sum. In addition, an attorney may also want to take a look at the amount of time missed from work, and if necessary, how much the victim will lose out on missed wages as a result of receiving medical attention for their injuries.
Is There a Cap on Damages?
For a personal injury claim, the most a victim can receive is $300,000 in economic and noneconomic damages. Every State has a different cap, so the cap in South Carolina will most likely be different from other states.
What Are Punitive Damages?
Punitive damages are damages awarded by the court as a form of punishment used to deter the defendant from ever doing something so egregious again. Economic and noneconomic damages are not intended to punish the plaintiff, but to make the plaintiff whole again. However, punitive damages are strictly intended to punish the at-fault party and are only awarded by a court’s decision. An example of an act where the court would award punitive damages is in cases where the driver was intoxicated at the time of the accident and killed a pedestrian as a result of their inability to safely operate their vehicle.
How Could an Attorney Help?
When trying to recover damages following a pedestrian accident, you may be wondering about the time and effort it would take to come up with an accurate estimate of what you are owed. However, with the help of an attorney, you can rest assured that you will be able to hold the negligent party accountable for the full extent of the damages you suffered. To learn more about the recoverable damages in Charleston pedestrian accident cases, be sure to schedule a consultation today.