The medication you’re taking now and will take in the future.

Long-term use of certain prescription medications can put you at risk of drug dependency, which could have a significantly negative impact on your life.

The strength of your evidence.

Documented evidence of your injuries and proof they were caused by your accident is crucial to your case.

Your age.

The older you are, the more severely you might be affected by your injuries. The younger you are, the more years you might have to endure chronic pain and suffering.

Your family circumstances.

The size and socioeconomic level of your family could have an impact on how much discomfort you suffer as a result of your injuries.

Your medical history and health prior to the accident.

If you were significantly healthier and more active before your accident than you are afterward, your loss of enjoyment of life is greater.

Your education and job qualifications.

If your only way to make a living involves physical work that causes you daily pain after your crash, you’re entitled to compensation for long-term suffering. 

The impression you and your attorney make on the insurance company or the judge and jury.

A professional and convincing presentation of evidence and sincere, honest testimony about your pain, suffering, and loss of enjoyment can go a long way in your quest for fair compensation.

Your journal. 

A daily log that you’ve kept to record your level of pain and suffering since the accident and document the impact of your injuries on your daily activities (exercise, sports, gardening, playing with your children, or attending their school functions) can be powerful evidence supporting your right to compensation. 

The testimony of expert witnesses.

Doctors, therapists, psychologists, and psychiatrists can give informed opinions about your likelihood to suffer ongoing discomfort, anxiety, etc. 

The location of your accident.

Juries in some South Carolina counties tend to award more or less money for non-economic damages than others do.

Because there is no universal standard of financial measurement for non-economic damages, the determination of your award is a very subjective process. While complex mathematical formulae are sometimes utilized (especially by insurance companies), the amount you’ll receive can depend on an organized and convincing presentation of your evidence to either the at-fault driver’s insurer or the court if your case should go to trial. For the average person recovering from injuries after a car crash, making such a persuasive presentation could be quite difficult. That’s why the services of an experienced car accident lawyer are highly recommended if you’re recovering from serious injuries after a wreck. 

Although the state of South Carolina does place a cap on non-economic damages for some personal injury cases, there is no cap on non-economic damages in a car accident case, so the court is free to award any amount it’s convinced you deserve. A convincing presentation of evidence by an experienced car accident lawyer may make all the difference when it comes to receiving fair compensation. 

How Comparative Negligence Affects Your Compensation

The comparative negligence rule followed by South Carolina in personal injury cases makes it possible for you to be found partially at fault for your own accident. If this happens, you may still collect compensation for your economic and non-economic damages, but your award could be reduced on the basis of your percentage of fault. If you’re found 51% or more responsible for your damages, you may not collect any compensation at all. If you’re partially responsible, it’s very important to have an attorney presenting your case as persuasively as possible to keep you below the 51% level of responsibility, so that you can collect some compensation for your damages.  

Dirk J. Derrick
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South Carolina Lawyer Dirk Derrick helps victims recover from car accidents, personal injury & wrongful death.