Car accidents are an ordeal, even in the most minor circumstances. In the best-case scenario, you may have to take time to get to the repair shop for minor scuffs or damages. In a more severe accident, you may have to deal with replacing your car and the hassle of car shopping and getting a rental vehicle.
All of these present a situation in which you might be eligible for compensation or may need support in ensuring that you have fair compensation. It is not uncommon for car insurance representatives to quickly offer a low settlement amount to get the case closed out, even though it may not cover the basics of your accident. An experienced North Charleston car accident lawyer at Shelly Leeke Law Firm may be able to help you recover the total available compensation for your property, stress, and any lost wages.
Types of Damages in a Car Accident
Car accidents can result in a variety of injuries, both physical and emotional. There are a few kinds of damages that can cover this variety. These include economic and non-economic damages. Economic damages relate to the cost of an accident, including property damage, while noneconomic damages are more directed at the quality of life.
Some of the common kinds of injury in an accident are physical. They may include bruises, broken bones, or internal and head injuries. Many people also suffer emotional or financial damages for missed wages for the hassle of dealing with the necessities of the accident.
Lost Wages from a Car Accident
It is no secret that managing the administrative fallout of a car accident can be time-consuming. The initial ordeal of the accident alone can be hours out of your day once the police have come and potentially a tow truck if anyone’s car is undrivable. Beyond that, there is the time taken to get into a rental car or go car shopping for a new vehicle in the instance of a total loss.
The administrative tasks alone can take you away from work, costing you money or PTO days. This baseline assumes that you don’t need to take any time due to depression, anxiety, or other emotional symptoms that may develop. Your lawyer may request work excuses to include lost wages in your damages claim.
Calculating Your Non-Economic Damages
Some of the many factors that contribute to calculating non-economical damages for pain and suffering are:
- Type of injury
- Type of treatment needed
- Length of recovery
- Ultimate prognosis
Ultimately, the pain and suffering compensation from complete paralysis may be more than for anxiety that is treated and resolved within six months, so you should talk with your attorney about expectations for your non-economic damages.
Emotional Trauma Following a Car Accident
A car accident can be a traumatic experience whether you sustain a significant physical injury or not, and many car accident survivors report symptoms of considerable distress that may require intervention and support from a mental health professional. These may include:
- Feeling anxious
- Avoidance
- Nightmares
- Fear of driving
- Mood swings
- Loss of interest in preferred activities
- Seclusion from friends and family
Emotional distress should not be taken lightly and should be addressed appropriately. The National Institute of Mental Health (NIMH) defines a traumatic event as something that is dangerous, scary, or shocking. Even a minor crash could be considered any of these things. The simple fact that you could have sustained significant injury entirely beyond your control is enough to rattle many.
Suppose you are sitting at a red light, and someone runs into the side of your car out of nowhere, causing no injury to you but enough damage to your vehicle to make it a total loss. While this may be indicative of your car doing its job in protecting you from injury, it can be an emotionally jarring experience to see how different it may have been.
Essential Steps Following Your Car Accident
Even if you feel you have not been injured, you should accept any medical treatment offered at the scene and make sure medical professionals evaluate you. After an event like a car accident, your body may be flooded with stress hormones, including adrenaline, which may make your injuries feel less severe or masked completely.
Once everyone is safe and immediate injuries are addressed, you should take pictures of the scene. This may be useful to you and your attorney later to build your case for compensation. It may also be helpful in your defense if determining the liable party is unclear.
Another critical step is to make sure you exchange information with the other driver. This should include insurance information, name, and phone number. It may also be helpful to your case to get the contact information of any eyewitnesses.
Wrongful Death Compensation in a Car Accident Claim
If you have lost a loved one in a car accident that you were not involved in or did not suffer physical injuries in, you may be entitled to wrongful death compensation. South Carolina Law states that you are allowed to take civil action if a wrongful or negligent act causes the death of someone. This means that if you can prove that someone else’s negligence or wrongdoing caused an accident, you may be eligible for a wrongful death suit.
In South Carolina, you can file a Wrongful Death suit if you are a surviving spouse or child. If no spouse or child survives the deceased, the parents may be eligible to file the suit.
You can speak with your wrongful death attorney to see if this might be appropriate for your case.
The statute of limitations in South Carolina for a personal injury or wrongful death claim is three years. You have three years from the accident date to file a lawsuit. Though three years sounds like a long time, securing legal representation sooner rather than later is best because the negotiation process may use valuable time.
Receiving Compensation without Physical Injury
If you are curious about being eligible for compensation, the best option is always to consult an attorney to discuss your case. However, generally speaking, it is possible to receive compensation without physical injury. Physical injury is just one part of the total assessment of injury and damages, but your attorney can help you determine what you may be eligible to claim.
