Recovering Charleston truck accident damages is not something that the average person may be able to do alone. Fortunately, there are experienced attorneys who could help victims of truck wrecks recover compensation that could help them get back on their feet. If you were recently injured because of a negligent truck driver, you may need to consider the assistance of an attorney who could draft a claim, negotiate in mediation, and bring a claim to court if necessary.
What Are Economic Losses According to Charleston Law?
Economic damages are the types of damages that the injured party has incurred and could be quantified. One example of economic damages would be past wage loss. If the person is injured and was unable to return to work at all, they would have a total wage loss. If they are able to return to work, there would be past wage loss for any period of time they were not able to work. This is also true for future wage loss. If somebody is never able to return to work or if they could return to work but at a job that they may only work fewer hours or less money per hour, then that would constitute as future economic damages.
Past and future medical bills are also economic damages. These are determined by interviewing the doctors and creating a future medical cost projection or life care plan in these types of cases.
Economic damages are really any kind of economic loss that could be quantified. A lawyer typically uses an economist and some type of nurse to help them figure out the future medical costs.
Non-Economic Losses According to Charleston Law
Non-economic damages would be things like pain and suffering, loss of enjoyment of life, or permanent impairment. These damages are harder to quantify because a lot of it may be in the eyes of the beholder. There is no equation that really exists to give a mathematical certainty on what the value of that is.
Experienced tractor-trailer lawyers could help educate a jury on the types of numbers and the way they should think about quantifying and calculating these non-economic damages like pain and suffering and loss of enjoyment of life. At the end of the day, it is up to the sound discretion of the jury to determine what the values of those are. A combination of both the economic and non-economic damages is what an experienced tractor-trailer attorney would be asking the jury to award in a case. It would be up to the jury and their sound discretion to determine what values and amounts of money they think the plaintiff is entitled to as a result of the defendant’s negligence.
Recoverable Losses after a Charleston Truck Accident
After a truck accident case, a person could look to recover economic damages would include but not would be limited to past wage loss, future wage loss, past medical bills, and future medical bills. Any type of property damage would fall under this category. Non-economic damages, loss of enjoyment of life, pain and suffering, and permanent physical impairment might also be recovered.
Another damage that could be claimed is loss of services or loss of consortium. That is what a spouse would be able to claim. If a man has been involved in an accident with a tractor-trailer and is no longer able to perform household services like picking up trash, mowing the grass, and things of that nature, then the spouse is going to suffer a loss either in having to pick up and do the work physically themselves or having to pay money to find a reasonable and suitable alternative to the services they were getting from their spouse before the wreck.
Any type of loss or damage that is incurred by the plaintiff is one that they would try to quantify, calculate, and put together in front of the jury to try to induce the jury to bring back an award that fairly compensates the injured party and their family for the losses they have incurred.
How Non-Economic Damages Are Calculated
To calculate non-economic damages, in certain jurisdictions, an individual is allowed to suggest a number to the jury. In others, they are not allowed to suggest a number to a jury. If it is allowed in their jurisdiction, then, depending on the type of injury, a lawyer could try to demonstrate what that loss might be per day for dealing with the pain and suffering or loss of enjoyment of life.
When it comes to non-economic damages, these are very subjective. They are very much subjective, and even if the plaintiff or the plaintiff’s attorney tries to demonstrate to the jury what those numbers should be, the jury is going with their sound discretion to decide what they think that loss is and how much money should be given to the plaintiff or injured parties to compensate them for the injury.
Limits for Jury Awards in Charleston Truck Accident Cases
The damage cap for an accident involving a government entity in South Carolina is $300,000. An individual used to not be able to sue the government in South Carolina until 1987. Legislators then abrogated what was called sovereign immunity, which means an individual could not sue the government and they said they could sue the government at certain limited circumstances. Those circumstances put the cap at $250,000. In the last 30-plus years, they have only raised it one time by $50,000, to $300,000.
How an Attorney Could Help Victims of Charleston Truck Accidents
To recover damages after a truck accident, a lawyer would need to gather the past medical bills and anticipate future medical bills by meeting with all of the physicians in the case to determine what the future medical plan would be for the injured party. It involves meeting with the employer for the injured party to get past wages and getting records from the Department of Employment Workforce to help demonstrate that loss and then look for future wage losses.
If you are not able to return to work, an economist could help verify what the losses have been, what they might be in the future, and then bring those losses to present value. Certainly, if there is any type of property damage or personal property involved, those numbers would be needed to be quantified by a qualified expert that has knowledge and experience regarding what those values are and what the law is.
Do not hesitate in contacting an attorney who could locate witnesses who could substantiate your claim in either mediation or court. Reach out today.