How Much is My Personal Injury Case Worth?

With South Carolina ranking fourth in the nation for personal injury cases litigated in court, having experienced representation is a must if you live in the state. Given the statute of limitations for personal injury claims is only three years, you want to make sure that you file your claim promptly. Failure to file within the three-year timeframe may result in your claim being denied.
At John Price Law Firm, our Charleston personal injury lawyers have helped countless clients recover the compensation they deserve and are available to assist you with your claim.
The Severity and Extent of Your Injuries
Following a personal injury, it is crucial that you are examined by a physician. Besides evaluating your condition, a physician can provide his or her medical opinion regarding your injuries and whether your injuries will result in chronic pain or long-term disability. The extent of your injuries will also factor in your personal injury claim. For instance, you will likely be compensated less for a muscle tear than a herniated disc.
Length of Recovery
The severity of your injuries often directly impacts a person’s recovery time. If your injuries are minor, your recovery time is likely to be shorter, meaning that you will have fewer medical expenses and missed time from work. Alternatively, injuries that result in long-term disability will likely prevent you from returning to work. You will likely have to see specialists and have numerous surgeries, causing you to rack up medical bills.
Your Degree of Fault
Oftentimes, a plaintiff may play a small part in contributing to their injuries. Under the state’s modified comparative negligence law, the injured person’s damages will be reduced based on his or her liability. So, if you are deemed 30 percent responsible for an accident but filed a claim for $50,000, you will only recover $35,000.
If you are more than 50 percent at fault, then you will be barred from recovery. Insurance companies will often contribute more fault to a plaintiff than warranted, making it crucial that you work with a Charleston personal injury lawyer to defend your rights.
Damages
A judge or jury will award compensation to an injured party to help make them “whole” again, known as damages. In a personal injury case, compensatory and punitive damages may be available to the victim.
Compensatory Damages
In a personal injury case, compensatory damages are any actual losses that the victim sustained. These may be broken down further into economic and noneconomic damages.
Economic Damages
Economic damages are any losses that take money directly away from the injured person.
These may include:
- Lost wages
- Lost earning capacity
- Surgeries and treatments
- Home modifications
- Physical therapy and rehabilitative treatments
- Property damage
Noneconomic Damages
Conversely, noneconomic damages are any losses that impact your quality of life but do not result in a pecuniary loss. Under South Carolina law, noneconomic damages may include any of the following:
- Pain and suffering
- Inconvenience
- Physical impairment
- Loss of companionship and society
- Injury to reputation
- Loss of consortium
Punitive Damages
Although less frequently awarded, if a defendant exhibits “grossly negligent, willful, wanton, or reckless” conduct directly causing the plaintiff’s injuries, then punitive damages will be awarded. The standard for being awarded punitive damages is higher, requiring that the plaintiff show through clear and convincing evidence that the harm suffered was the result of the defendant’s gross negligence.
Additionally, the plaintiff is only eligible to recover punitive damages if first awarded compensatory damages. In South Carolina, punitive damages cannot exceed three times the total amount of compensatory damages, with a monetary cap adjusted annually based on inflation ($699,761 as of 2024).
Speak with a Charleston Personal Injury Lawyer Immediately
Following an injury, healing from your injuries should be your number one priority. You cannot adequately meet your needs if you are worried about paying medical bills and any other accident-related debt. If you or a loved one have recently experienced a personal injury, our Charleston personal injury attorneys want to hear from you. To learn how we can be of assistance, contact us by phone or online to schedule your free consultation.