When you have been in an accident, it is vital to get your damages covered. If the responsible party does not cover your expenses, you will have to handle your medical and repair bills out of pocket, possibly with a lower capacity to work. Unfortunately, pursuing a personal injury lawsuit alone is challenging and may leave you worse off than when you began.
Fortunately, you can rely on the help of a North Charleston personal injury lawyer at Shelly Leeke Law Firm. Our team offers trusted experience dedicated to getting our clients the compensation they need.
Together, we will work to determine the value of your claim and secure the relief you need after a harmful accident when you contact our office to request a free consultation.
Compensatory Damages Cover Your Losses
Compensatory damages are essentially the damages you have endured in an accident, including the economic and non-economic as described under the South Carolina Noneconomic Damage Awards Act of 2005. Whoever is responsible for these damages must pay them back, sometimes as an additional cost. A judge typically awards them after your personal injury attorney in South Carolina proves the other party is responsible.
These compensatory damages are usually paid back in the form of a settlement, a monetary sum made up of three types of damages. A settlement can be paid all at once but is generally paid out in installments over a period of time. The amount is primarily comprised of two types of damages: economic and non-economic.
Economic Compensatory Damages
Economic compensatory damages cover the tangible costs of your injuries. These damages can include costs of injuries, damage in the accident, and more. Below are a few common economic damages you may be able to seek:
- The cost of your medical bills
- The cost of property damage
- Wages lost while you are unable to work
- Any related expenses that might arise over time
- Funeral and burial expenses, which a wrongful death lawyer can help you seek
These are the more straightforward compensatory damages to calculate, as they usually involve a concrete amount of money. Depending on the severity of your injury, you may receive these for the rest of your life. If your personal injury attorney can successfully argue your case, these are all but guaranteed.
Non-Economic Compensatory Damages
Under South Carolina Code §15-32-210, you may be entitled to non-economic damages. These damages are intangible losses you may have suffered because of the accident. Below are the following damages you may be entitled to:
- Pain and suffering caused by the accident
- Humiliation
- Damage to your reputation
- Loss of ability to enjoy activities
- Worsening of a prior condition
- Skin scarring and disfigurement or permanent disability
Non-economic damages are a little more challenging to evaluate but equally as important. These are the emotional and mental anguish caused by your accident, commonly referred to as pain and suffering damages. A skilled personal injury lawyer with our firm can help determine the worth of these in your case and argue in your favor to prove the defendant’s liability.
Personal Injury Cases Warrant Full Repayment of Your Compensatory Damages
According to the South Carolina Department of Public Safety, 2,392 car accidents resulted in severe injuries in 2021. The U.S. Bureau of Labor Statistics claims that the number of fatal occupational injuries has increased as of 2022. No matter what injury you have experienced, you have a right to seek fair compensation from those responsible.
Knowing Your Claim’s Value Is Your Key to Success
No matter how severe your accident, it can be tricky to figure out how much your personal injury claim is actually worth. Shelly Leeke Law Firm can help you determine the maximum amount of compensation you should be awarded. Many personal injury law firms even offer a free consultation so that you can discuss the details of your claim with no risk.
We can help you track the economic damages from the initial incident well into the future. We can track how much you have to spend and how much earnings you have lost, calculating how much you will likely lose over time. As medical and repair bills pile up, this can be an overwhelming task to tackle by yourself.
We can also help calculate how much you can reasonably expect in non-economic damages. Specific tools are used to determine this amount based on the severity of your accident and injuries and the impact they have had on your life. Without a lawyer, this will be difficult to determine accurately and prove the claim.
Legal Missteps Could Devalue Your Claim
There are a few laws that govern personal injury lawsuits under S.C. Code Ann. §15-3, and disregarding them can prove disastrous to your claim. When fighting for the compensation you deserve, it is vital that you follow your attorney’s advice carefully and familiarize yourself with the laws that have the greatest potential to affect your case. Otherwise, you could sabotage your own claim, sometimes before it even begins.
You should be aware that fault does not always fall on a single person or entity. Modified comparative negligence laws under the South Carolina Contribution Among Tortfeasors Act dictate that even if you are partially at fault for an accident, you can still seek compensation as long as you are not more than 50% responsible. While this may seem simple, establishing the percentage can be tricky without the help of a zealous personal injury attorney from Shelly Leeke Law Firm.
Missing the Statute of Limitations May Lead to Claim Denial
Civil cases, such as personal injury claims, are beholden to a statute of limitations under South Carolina Code §15-3-530, or a limited amount of time in which you are allowed to file a claim. In South Carolina, you generally have three years from the accident to file. While you have all the time you need afterward to build and present your case, we must file all appropriate paperwork within those three years.
Certain circumstances have shorter or longer statutes of limitations. If you intend to pursue a claim against a government agency, you only have two years. In a medical malpractice case, you have three years from the point that the injury would have been reasonably discovered.
A Dedicated, Focused Personal Injury Attorney Can Guide You to Compensation
If you have been involved in an accident resulting in injury or if your insurance company has refused to pay out the promised amount after an accident, a personal injury lawyer may be your best option. We can help you through every step, from valuing and filing your claim all the way to the courtroom. We have the tools and experience you need to build a successful claim and fight back when you need it most.
Shelly Leeke Law Firm could be the right choice to take on your personal injury claim. You can trust our team with your case, and rest assured that you are in good hands. We can be reached 24/7 to schedule a free consultation by calling our office or completing our online contact form.
