What are Compensatory Damages?

Posted by Hopkins Law Firm | Jul 19, 2022 | 0 Comments

How To Calculate Compensatory Damages

If you suffered personal injury or property damage during a motor vehicle accident, you may be entitled to receive financial compensation for your accident-related losses. These losses often include medical expenses, lost income, and lost quality of life. You are also entitled to recover financial compensation for any property damage you sustained. The amount of financial compensation you receive will depend on several factors, and an attorney can ensure that you receive the compensation you are owed under South Carolina law.

Insurance carriers and at-fault parties do not want to pay any money to any injured victims. Their goal is to pay as little money as possible so they can become more profitable. Compensatory damages are calculated so that you can present itemized amounts that relate to the specific losses you received as a result of your personal injuries.

What are Compensatory Damages?

Compensatory damages are damages intended to compensate victims for the losses they suffered. Some examples of compensatory economic damages that are often sought in personal injury cases include:

  • Expenses related to property damage
  • Household expenses
  • Prescription medications and medical device costs
  • Rehabilitation costs and physical therapy costs
  • Lost earning capacity
  • Lost wages
  • Medical bills

If you have suffered an injury during a motor vehicle collision or any other accident, contact Hopkins Law Firm today. We will schedule a free consultation during which we can discuss the facts of your case. Our attorneys have extensive knowledge of personal injury cases, and we can help you stand up to the insurance companies. It is important for you to hire a competent attorney who can organize medical bills and medical records that will help prove your injuries.

Our team of attorneys can pressure the insurance companies by being firm, dedicated, and consistent. We present the necessary evidence and substantiate the causes of action in the complaint. For example, we can ensure that special damages are not calculated until you reach maximum medical improvement.

Compensatory damages can also be general or non-economic. General damages are not quantifiable and often involve emotional trauma as well as pain and suffering. General damages may include the following:

  • Loss of companionship
  • Loss of consortium
  • Mental pain
  • Emotional anguish
  • Physical mutilation
  • Loss of quality of life
  • Pain and suffering

Determining Non-Economic Losses

Determining non-economic losses is difficult because the injured victim is the source of the pain and suffering that arose due to the physical injury caused by the negligent party. Attorneys ask the injured victim questions about personal issues, relationships with family, and whether the victim has suffered from depression or disappointment since the date of the injury. Injured victims must be honest when answering these questions. The injured victim must be clear and direct about the non-economic damages because the injured victim cannot go back and plead for more financial compensation after the case has been resolved.

Calculating Medical Expenses

Medical records and medical bills are the sources of information attorneys use to calculate medical expenses. Physicians may order injections or other surgical procedures that attorneys need to include in the final special damages amount. This total number may change as the injured victim receives more medical treatment. The types of treatment an injured victim will receive vary depending on the case's facts and how the victim progresses physically and mentally.

Punitive Damages

Punitive damages are unavailable in contract actions but are available in tort actions. These damages are designed to punish the defendant for egregious behavior that is harmful to society as a whole and not just one injured victim. Punitive damages also act as a deterrent to prevent defendants from committing the same tortious conduct in the future.

Punitive damages are not always awarded, and they are usually reserved for severe acts of tortious conduct that are not commonplace or typical. For example, a nuclear power plant that intentionally allowed waste to leak into wetlands adjacent to residential property would likely be forced to pay punitive damages.

Call Us Today to Speak with a South Carolina Personal Injury Attorney

Contact Hopkins Law Firm today to schedule a free consultation during which we can discuss the facts of your case and plan on the steps we can take together to make sure that you obtain a just settlement amount. Standing up to large insurance companies alone can be intimidating and overwhelming. Hiring an experienced personal injury attorney will help alleviate some of this pressure and allow you to take the time you need to heal from your physical and mental condition.

Personal injury cases can last anywhere from a few months to several years. It is in your best interest to retain legal representation as soon as possible so you can begin to fight for your legal rights and demand the compensation you deserve. Do not be afraid to assert your rights under the law and hold those who caused your injuries accountable. Call us today or contact us online to schedule your free case evaluation.

FAQ

Do I Still Have A Personal Injury Case If I Do Not Feel Hurt?

You may have a personal injury case if you do not feel pain because your injuries may not produce discernible symptoms until months after the date of injury. Therefore it is imperative that you seek medical treatment as soon as possible after your accident, even if you do not feel pain or suffer from severe symptoms. You want to make sure that a licensed physician examines you and determines that you do not have serious injuries of which you may be unaware.

How Long Do I Have To File A Personal Injury Case?

Under South Carolina law, you have three years from the date of your injury to file a claim.

How Long Will It Take Me to Receive My Check After My Case Is Settled?

You do not have to wait a long time to receive your settlement check after your case settles. Many insurers want to close their files quickly, so they often mail out checks within a few weeks of reaching a settlement.

[Related Posts]: When Is A Settlement Agreement Binding?

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