Special And General Damages In Your South Carolina Personal Injury Case
If you suffered injuries in an accident in South Carolina because of another party’s fault, you might be eligible to pursue compensation for your injuries and losses. If your South Carolina personal injury claim succeeds, you will receive compensation in the form of “damages.” In South Carolina, the most commonly awarded damages in personal injury cases are special and general damages. Read on to learn more about special and general damages.
Special Damages in Your South Carolina Personal Injury Case
Another name for these damages is economic damages. These are those damages that can be linked to a direct economic loss. The main purpose of special or economic damages is to make you “whole” again. You simply add all your quantifiable financial losses to calculate special damages.
Every case will look different when it comes to the kinds of special damages that can be awarded. Nonetheless, the following are some common types of special damages awarded in South Carolina personal injury cases;
- Past medical expenses
- Future medical expenses
- Repair of damaged property
- Lost wages
- Loss of earning capacity
- Cost of hiring assistance
Loss of earning capacity usually makes up a huge portion of a personal injury claim. Loss of earning capacity is your inability to earn the amount of money you would have earned in the future had your injury not occurred. However, it can be difficult to calculate loss of earning capacity. Calculating loss of earning capacity might require evaluating the type of work you will no longer be able to perform and estimating how long your injuries will affect you. It can also be hard to calculate future medical expenses.
General Damages in Your South Carolina Personal Injury Case
These damages are also referred to as non-economic damages. Just like special damages, they are meant to compensate a personal injury victim and make them “whole” again. However, general damages do not have an economic value. Because of this, they are the hardest to calculate. The value of non-economic damages is subjective.
To calculate non-economic damages, attorneys and insurance companies rely on formulas. One of the most commonly used formulas is the “multiplier method.” This formula entails taking your economic damages and multiplying them by a factor between 1.5 and 5.
The following are some of the common types of general damages awarded in South Carolina personal injury cases;
- Physical pain and suffering
- Mental pain and suffering
- Loss of enjoyment of life
- Disfigurement
It is crucial to note that general damages can make up a significant portion of your injury claim.
Depending on your case’s specifics, you may also be able to recover punitive damages. Unlike general and special damages, which are meant to compensate victims, punitive damages are meant to punish the defendant. If your injuries occurred because of the defendant’s recklessness or intentional behavior, you might be able to recover punitive damages.
Schedule a Consultation With Gus Anastopoulo
If you’ve suffered injuries in an accident in South Carolina because of another party’s fault, talk to our Charleston personal injury attorney at the Gus Anastopoulo Law Firm. We can assist you in obtaining the maximum possible compensation from the at-fault party.
Source:
law.cornell.edu/wex/damages
