What Types of Damages Can You Recover in Rock Hill Personal Injury Cases

,
26 0

After an accident in Rock Hill, life can change fast. You might be dealing with pain, hospital visits, missed work, and worries about how you will pay your bills. On top of all that, you may feel confused about your legal rights or unsure about the types of compensation you can ask for. Many people are surprised by how many costs come after an injury—costs they never expected or prepared for. It can feel overwhelming, especially when you’re trying to focus on healing.

Knowing what damages you may be entitled to helps you make informed decisions and avoid accepting less than you deserve.

What Types of Damages Can You Recover in Personal Injury Cases?

When you file a personal injury claim, you’re asking to be made “whole” again, not just seeking money. Many people settle for less due to a lack of knowledge about claimable damages. Insurance companies may downplay injuries, suggest unnecessary bills, or offer low settlements. Knowing your damages empowers you to push for a fair result and stand firm against low offers, ensuring you’re not left paying for someone else’s mistake.

There are three main categories of damages:

  1. Economic damages
  2. Non-economic damages
  3. Punitive damages (in certain cases)

Each type plays a different role in helping you recover from your injuries.

What Are Economic Damages in Personal Injury Cases?

Economic damages represent the financial losses you can measure with actual numbers and documentation. These are the costs that show up on bills, receipts, pay stubs, and other financial records.

Medical expenses

This includes the cost of:

  • Hospital stays
  • Doctor visits
  • Surgery
  • Medications
  • Physical therapy
  • Medical equipment (like crutches or braces)

Lost wages

If you missed work because of your injury, you can ask for money to cover the paychecks you didn’t get.

Lost earning capacity

If your injury makes it harder (or impossible) to work in the future, you may be able to get money for lost future income.

Property damage

This is usually related to car accidents. If your vehicle or personal items were damaged, you can ask for the cost to repair or replace them.

What Are Non-Economic Damages and How Are They Calculated?

Non-economic damages compensate you for losses that don’t come with a price tag or receipt. These damages are just as real and significant as economic losses, but they’re harder to quantify because they involve personal suffering rather than financial costs.

Pain and suffering 

Pain and suffering represent physical pain, discomfort, and limitations you’ve endured because of your injuries. This includes the acute pain immediately after the accident, ongoing chronic pain, discomfort during medical treatments and recovery, and any permanent physical limitations or disabilities you’ll live with.

A Rock Hill personal injury lawyer from Stewart Law Offices explains that calculating pain and suffering damages often involves one of two main methods. The first is the “multiplier method,” where your total economic damages (like medical bills and lost wages) are multiplied by a number ranging from 1.5 to 5, depending on how severe your injuries are. The second is the “per diem method,” which assigns a specific daily dollar amount for your pain and suffering, and that daily rate is then multiplied by the total number of days you experienced that suffering.

If you have any questions or need further guidance or help with your personal injury case, you can connect with them by calling 803-328-5600 or visiting their Rock Hill office at 1242 Ebenezer Rd, Rock Hill, SC 29732 to discuss your situation in confidence.

Emotional distress

Emotional distress compensates you for the psychological and emotional impact of your injuries. Serious accidents often cause anxiety, depression, fear, post-traumatic stress disorder (PTSD), sleep disturbances, and other mental health issues. These psychological injuries deserve compensation just like physical injuries.

Loss of enjoyment of life 

Loss of enjoyment of life addresses how your injuries have prevented you from enjoying activities and experiences you previously valued. If you can no longer play sports, pursue hobbies, travel, or participate in activities that brought you joy, you deserve compensation for these losses.

Loss of consortium

Loss of consortium compensates your spouse for the negative impact your injuries have had on your marital relationship. This includes loss of companionship, affection, sexual relations, and the support and services your spouse previously provided.

Can You Recover Punitive Damages in Rock Hill Injury Cases?

Punitive damages punish defendants for reckless or malicious behavior and deter similar conduct. In South Carolina, they’re allowed in cases involving willful, wanton, or reckless conduct, but they are rare. Examples include drunk driving with high BAC, intentional harm, or gross negligence. 

The cap is the greater of three times compensatory damages or $500,000. Clear and convincing evidence is required to prove the defendant’s conduct warrants punitive damages, a higher standard than typical civil cases.

How Damages Are Calculated in Personal Injury Cases

Several factors influence the value of your case, such as:

  • The severity of your injuries
  • How long will your recovery take
  • Whether you can return to work
  • The total cost of medical treatment
  • How the injury affects your life
  • Whether you share any responsibility for the accident

An experienced attorney looks at every detail to calculate a fair amount.

How Can You Maximize Your Damage Recovery?

After an accident, seek medical attention and follow treatment recommendations to preserve your claim. Document everything, including medical records, bills, and accident-related expenses. Keep a pain journal and avoid discussing your case on social media, as insurance companies may use it against you. 

Don’t accept quick settlement offers without consulting a lawyer, as they’re often lower than your case’s actual value. Also, be aware that under South Carolina’s comparative negligence rule, your compensation is reduced by your percentage of fault, and you recover nothing if you’re over 50% at fault.  

An experienced personal injury lawyer can help evaluate your case, calculate damages, and negotiate with insurance companies to secure fair compensation.

personal injury cases

 

Shoot A Reply

Your email address will not be published.