Car accidents can be a traumatic experience and often leave victims with not only physical injuries but also with emotional distress. If you were involved in a car accident in South Carolina, it is possible to receive compensation for your pain and suffering. At Lam Law Firm, we are here to help you navigate the legal process so you can get the compensation you deserve.
What is Considered Pain and Suffering?
Pain and suffering refers to the physical and emotional distress experienced by an individual due to an accident or injury. Like many other states, South Carolina places damages into two categories, economic and non-economic damages. Unlike economic damages, like medical bills and lost wages, pain and suffering are considered non-economic damages. Non-economic damages include but are not limited to:
- Mental anguish
- Emotional distress
- Loss of society and companionship
- Loss of consortium
- Physical impairment
Determining Liability
To pursue a claim for pain and suffering after a car accident, it is extremely important to establish liability. Each state has laws in place to determine who can sue the other driver, some states follow a no-fault rule and others follow an at fault rule. South Carolina is one of the states that follow a “fault” system, meaning the party responsible for the accident is liable for damages. But, the amount you’ll receive in damages will depend on how much fault you bear in the accident. If it is determined that you are less than 50% at-fault for the accident, you will be eligible to receive compensation.
Proving Pain and Suffering
Proving pain and suffering can be challenging, as it often relies on subjective factors. Documenting the impact of the accident on your daily life, mental health, and overall well-being is crucial. This may involve providing medical records, testimonies from mental health professionals, photos or videos of your injuries, and statements from you and your family members detailing the emotional toll of the accident.
Statute of Limitations
In South Carolina, you are given three years from the date of your accident to file a lawsuit against the at-fault driver. But there are exceptions to this rule, like if the injured party is under 18 or has a legal disability. Whatever the case is, time is of the essence after your accident and you do not want to wait to file a claim. If you wait, you risk the chance of not receiving the compensation you deserve.
Get Help From an Experienced Myrtle Beach Personal Injury Attorney
While pursuing compensation for pain and suffering after a car accident may not be a straightforward process, it is possible with the help of an experienced Myrtle Beach personal injury attorney on your side. If you or someone you love have been injured in a car accident in South Carolina, contact Lam Law Firm today to schedule a free consultation.
