Frequently Asked Questions

What damages can I get in a personal injury case?

A personal injury cases may include motor vehicle accidents, wrongful death, slip and falls, and medical malpractice. South Carolina laws defines personal injury as injuries that occur because of the negligent or intentional acts of another. The at-fault person may be held liable for any injuries and damage the victim sustains. The victim may seek compensation in the form of economic damages, noneconomic damages and punitive damages.

Economic damages are the out-of-pocket expenses the injured party incurs. They include medical expenses, lost wages and property damage. Noneconomic damages, however, do not have an exact monetary value. They are the emotional and mental damages sustained by the victim. These can include pain and suffering, mental anguish, loss of consortium, emotional distress, humiliation, and loss of enjoyment of life. In personal injury cases in which the at-fault person deliberately or recklessly causes harm to another person, the victim may seek punitive damages. They can receive punitive damages only if they are awarded economic and noneconomic damages. The victim must also prove by clear and convincing evidence that the at-fault party acted in a willful, wanton or reckless manner.

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