What Types of Car Accident Damages Are Available in the Carolinas?
If you or a loved one are involved in a car accident due to someone else’s negligence, then you may be able to claim several types of car accident damages. Of course, the damages available after a car accident will depend on the circumstances of the incident, including the extent of any personal injuries or property damage you may have suffered. It also depends on which state the accident occured in – North Carolina follows a principle of “contributory negligence,” which means if a person has any percentage of fault for an accident – even just 1% – then they cannot legally recover compensation. But South Carolina follows a modified version of “comparative negligence,” where a person can seek damages as long as they are 50% or less at fault.
In either state, you might not be aware of all the potential damages – economic and non-economic – that you may be entitled to pursue in a legal claim. That’s why it’s important to work with an experienced, knowledgeable car accident damages attorney. At The Law Offices of Jason E. Taylor, we take immense pride in providing thoughtful guidance to our clients, helping them navigate what can be a confusing and complex legal situation. If you would like to learn more about how to recover damages from a car accident caused by another person’s negligence, the best time to reach out is right now. For your free consultation, call us today at (800) 351-3008 or schedule an appointment online.
Economic damages specifically address the measurable costs associated with any property damage or personal injuries you may have incurred during a car accident.
While not every car accident causes personal injury, nearly all of them involve some level of property damage. In situations where injuries are not present, economic car accident damages available to the victim may include vehicle repair or replacement costs, the cost of other personal property that was damaged in the accident (e.g, a laptop in your car that is broken during an accident) and rental car costs.
In the unfortunate scenario where you or a loved one suffers a personal injury, then the list of potential economic damages you may recover includes:
- Doctor visits and/or hospital stays
- Physical therapy or rehabilitation
- In-home or inpatient nursing care
- Medical devices
- Lost incomes and wages
- Diminished earning capacity, if you are permanently unable to work or limited to a lower-paying job due to your injuries
This category of damages covers more abstract, intangible losses that are not as easily measured when compared to economic damages. Examples of potential non-economic, compensatory damages you may be able to recover after a car accident include:
- Emotional distress
- Physical pain and mental suffering
- Loss of affection, companionship and/or consortium between you and your spouse (or other family members) due to the hardships caused by your injury
- Disability or disfigurement
- Diminished enjoyment of life
Calculating a monetary cost for these types of intangible losses can be challenging – how can you put a price tag on your physical, mental and emotional well-being, both now and in the future? That’s where an experienced lawyer – one who is well-versed in personal injury and car accident damages – can make all the difference. In settlement demands or in front of a jury, they can help you make a well-researched, convincing argument regarding the amount of non-economic damages you may be entitled to. So if you’ve suffered due to a car accident caused by someone else, don’t hesitate to call us today at (800) 351-3008 or schedule an appointment online for your free consultation.
While the two categories of damages described above are intended to compensate victims for specific losses, the purpose of punitive damages is different. In car accidents where the negligent party’s actions are determined to be particularly reckless or intentional, then punitive damages may be levied in order to punish their egregiously wrongful behavior.
Punitive damages are not applicable to every case, and the plaintiff must prove that they were harmed specifically due to reckless or intentional conduct. When determining punitive car accident damages, there are a variety of factors that must be considered, including:
- The relative degree of both the defendant and the plaintiff’s contributions to the car accident
- The duration of the defendant’s reckless behavior, as well as any attempts to conceal that behavior
- The degree to which the defendant was aware of the risk they were creating as well as whether or not they profited from their risky behavior
- The severity of harm caused by the defendant
- The defendant’s ability to pay punitive damages
- Whether the defendant’s actions lead to any criminal charges or civil fines
How Our Car Accident Attorneys Can Help You
Trying to get your life back to “normal” after a serious car accident is no small feat. You may be dealing with serious financial, medical and emotional challenges, all of which may be due to someone else’s negligence. At The Law Offices of Jason E. Taylor, our personal injury and car accident property damage lawyers have the experience and resources to protect your rights and fight for justice.
These legal battles can be expensive, stressful and time-consuming, and insurance companies will try to take advantage of that fact by pushing through a quick settlement. Don’t let their bullying intimidate you! Our attorneys can help answer your questions, negotiate with insurance companies on your behalf and ensure that no rock is left unturned as we determine all of the damages that you may be entitled to. That way, you and your family can focus your time and energy on healing and moving forward with your life. Don’t hesitate – get a free consultation by contacting us at (800) 351-3008 or schedule an appointment online.