After a car crash, the insurance company may start with the damage to the vehicle. But that’s not the whole claim. If you were hurt, the real issue is what the wreck did to your health, your income, and your daily life. Some losses are obvious right away. Others take time to understand. Before you accept a settlement, you need to know what car accident damages may be available and what can affect their value under South Carolina law.
What Your Damages May Include
Damages are usually considered before anyone starts talking about what the claim is worth. In South Carolina, the types of losses typically fall under two categories.
Economic damages cover financial losses tied to the wreck, such as medical bills and lost wages. Non-economic damages cover harm that cannot be captured by a simple invoice, like pain and suffering and permanent changes caused by the injury.
Economic Car Accident Damages
Economic damages usually start with medical treatment. This can include:
- Ambulance bills and ER care
- Hospital treatment and surgery
- Imaging and specialist care
- Doctor visits and follow-ups
- Physical therapy and pain management
- Injections and prescriptions
Medical records matter as much as the bills. They show when symptoms started, what hurt, what treatment was recommended, and how the injury changed over time.
Some injuries are not fully known right away. A person may start with emergency care or physical therapy, then later need more specific, long-term care. Settling too early can prevent recovery for later-discovered losses, which is why claims are often not settled until treatment and prognosis are clearer.
Lost income is also accounted for. Lost wages, commissions, and used PTO all apply. There’s also reduced earning ability. It addresses future work, where an injury may prevent someone from performing essential job duties, like lifting or driving.
Out-of-pocket costs may also be included. Save receipts for towing, storage fees, mileage, transportation to appointments, childcare during treatment, medical devices, prescriptions, supplies, and other costs tied to the wreck.
Non-Economic Car Accident Damages
Non-economic losses may not be billed, but they still affect claim value.
Pain and suffering depends on:
- The injury
- The severity of symptoms
- The level of pain
- The treatment required
Pain documentation also counts. Be specific with your doctors about where it hurts, how it hurts, and how the pain affects your daily routines.
There’s also your mental health to consider. Anxiety while driving, sleep problems, trouble caring for family members, or the inability to engage in activities you enjoy all matter.
Lastly, permanent injuries can increase the value of car accident damages. Permanent restrictions that affect daily life and increase future medical needs deserve to be acknowledged and compensated accordingly.
What Can Affect the Value of Your Claim?
Car accident damages are not valued by a simple formula. The insurance company will look at the injury, the treatment, the proof, and any argument it can use to pay less.
- Medical treatment: The severity of the injury, length of treatment, need for future care, permanent limitations, and gaps in care can all affect value.
- Financial proof: Medical care, lost income, and other costs need to be documented. If the loss is not supported, the insurance company can question it.
- Daily limits: Pain, sleep problems, missed activities, trouble at home, difficulty caring for family, and permanent restrictions can all matter. The claim should show what the wreck changed, not just what it cost.
- South Carolina fault rules: South Carolina follows a modified comparative negligence rule, so recovery is reduced by fault and barred if the injured person is more than 50% at fault.
- Available insurance: South Carolina law requires uninsured motorist coverage. Insurers must also offer underinsured motorist coverage. It can apply when the at-fault driver has coverage, but not enough to cover the loss.
- Insurance statements: Recorded statements and early comments can be used to challenge the claim. An injured person is generally not required to give a recorded statement to the other driver’s insurer without first getting advice.
How to Protect Your Recovery
The insurance company will start evaluating the claim quickly. Consistent treatment and clear records help give adjustors less room to question your claim.
Start with medical care. Get checked out, follow the treatment plan, and tell your doctors about your pain and how the injury limits you. Delays in care or vague complaints may give the insurance company room to question the claim.
Keep proof while it is still easy to find. Make sure you save:
- Photos
- Repair estimates
- Police reports
- Witness names and contact information
- Insurance communications
- Medical bills and appointment records
Do not talk about the wreck online. Avoid posting about the crash or your case. Social media posts and casual comments can be taken out of context and used against you.
Once the insurance company starts assigning value, the next step is to seek an experienced South Carolina injury attorney. They can deal with the adjuster, push back against low offers, and make sure the claim is not resolved before knowing the full picture.
Talk to Attorney Breen About Your Car Accident Damages
If you were hurt in a car accident along the Grand Strand or elsewhere in South Carolina, Matthew Breen of Lowcountry Law can review what happened, deal with the insurance company, and pursue the full value of your claim.
Call today for your free consultation. You pay no upfront fee, and no attorney’s fee is owed unless money is recovered for you.
