Bamberg, SC Car Accident Lawyer
Vehicle accidents are a frequent occurrence on our roads and highways. When people are hurt, those responsible should be held accountable. If you are unsure how to begin your case, ask our legal team for help.
Damages in car accident cases often vary based on the severity of the accident and the injuries involved. For some, damages are relatively small, while others are gravely injured. Even if your injuries are relatively minor, you still have the right to take legal action. Economic damages, even for minor injuries, might be substantial. Non-economic damages may also be quite significant and account for painful experiences. Although rare, punitive damages are sometimes awarded in very special circumstances. It is best to talk to a lawyer soon, as the statute of limitations might already be counting down your time to file the case. In South Carolina, injury plaintiffs usually have three years to file a civil claim. When you meet with your lawyer, discuss how the accident happened. This can help determine who is responsible and where to find evidence.
Call (803) 451-4000 and get a free, private case assessment from our car accident lawyers at Burriss Ridgeway Injury Lawyers.
Recoverable Damages in Bamberg, SC Car Accident Cases
Every car accident is different, and your injuries, costs, and experiences are unique to your situation. As such, damages might vary greatly between cases, and you should talk to your lawyer about your damages and what they are worth.
Economic Damages
First, we should evaluate how much money the car accident has cost you and what it might continue to cost you going forward. Perhaps one of the most significant sources of economic damages is medical bills. Even a minor injury requiring only a single emergency room visit might cost you hundreds or even thousands of dollars. If you need more extensive treatment for more serious injuries, your hospital bills might be astoundingly high.
We should also consider the income you have lost because you cannot return to work while your injuries heal. This might only be a few days or weeks of missed wages for some. For others, this might be months of income. Still, others might have to leave their jobs because they can never return to full-time work. Our car accident attorneys can help you claim the income you have already lost and the income you might continue to lose for as long as you cannot work.
Do not forget about your vehicle. We should include the cost of repairing your car or paying for a replacement when calculating your damages.
Non-Economic Damages
Many damages might not be based on actual amounts of money. Instead, they may be based on your subjective experience. You might have heard non-economic damages summed up as “pain and suffering.” While physical pain and emotional suffering or turmoil may be included, there are other damages you should consider. You might claim humiliation, loss of enjoyment of your life, damage to your reputation, and more.
Punitive Damages
In some cases, courts might award punitive damages to punish the defendant for their especially bad behavior in causing the accident. According to S.C. Code Ann. § 15-32-520(D), punitive damages may only be awarded if the plaintiff can prove by clear and convincing evidence that the defendant’s actions constitute wanton, willful, or reckless conduct.
This is above and beyond ordinary negligence. It might be referred to as gross negligence or constitute willful actions. For example, if someone ran you off the road in a fit of road rage, their actions might justify an award of punitive damages.
Numerous factors may be considered when the jury determines punitive damages, including, but not limited to, the following criteria:
- The defendant’s degree of culpability
- The severity of the harm or injuries
- The duration of the defendant’s conduct
- Similar past conduct of the defendant
- Whether the defendant profited from their conduct
- Whether an award of punitive damages will deter future bad behavior
How Much Time You Have to File a Car Accident Case in Bamberg, SC
Speak to a lawyer about your car accident sooner rather than later, as time is of the essence. Under S.C. Code Ann. § 15-3-530(5), the statute of limitations imposes a 3-year limitations period for personal injury claims. In a car accident case, you have 3 years from the date of the crash to file a case in court.
If you are afraid that your limitations period might be coming to a close soon, ask your lawyer about the possibility of having the limitations period tolled. Tolling might be available under specific conditions. Often, it is available for plaintiffs with certain disabilities and minors.
According to S.C. Code Ann. § 15-3-40, a plaintiff who was a minor when the car accident occurred has 3 years from the day they turns 18. The limitations period is tolled until the plaintiff reaches adulthood, then the clock starts ticking.
Additionally, the time the plaintiff is under a disability will not count toward the limitations period. This often includes plaintiffs with mental conditions or disabilities that prevent them from understanding their rights or their ability to take legal action. However, the statute of limitations may not be extended by more than 5 years in disability cases. Once the disability is removed, the plaintiff might have 1 year to file their claim.
How Car Accidents Often Occur Around Bamberg, SC
How your accident occurred might give us a lot more information than you might expect. Knowing the how and why of the crash can help us determine who is responsible and where we should look for evidence.
A lot of accidents are the direct result of ordinary traffic violations. Speeding, running stop signs, failing to signal a turn, and other violations might seem harmless, but they can quickly lead to disaster. If the police issued the other driver a citation during their investigation of the accident, we might use the citation as evidence, especially if they pleaded guilty to the citation.
Distracted driving is another very common cause of accidents. For example, the other driver might have caused the crash while texting instead of paying attention to the road. We can demand to see copies of the defendant’s phone records to prove your claims. They might show us whether the defendant made calls or sent texts when the accident happened.
Some drivers cause accidents because they are just plain reckless on the road. They might weave between lanes, speed, make sharp turns, or even blow through lights and signs. We might look for traffic cameras or security camera footage of the accident to help us show a jury how the defendant was reckless behind the wheel.
Call Our Bamberg, SC Car Accident Attorneys to Discuss Your Case Today
Call (803) 451-4000 and get a free, private case assessment from our car accident lawyers at Burriss Ridgeway Injury Lawyers.
