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What must be proven in court for me to be compensated for injuries I
have received in an automobile or truck collision?
The victim of an automobile or truck collision must prove that he or she
was not at fault in causing the collision or that he or she was less
than fifty percent responsible for the collision. The fifty percent rule
is what is called “comparative negligence” and allows an injured party
to recover a percentage of his or her total losses. An injured party who
is not responsible at all for the collision is entitled to recover one
hundred percent of his or her provable damages.
For what losses can I receive compensation?
The law of South Carolina says that an injured party may receive full
compensation for all losses suffered as a direct result of the
collision. Those losses most often include economic losses, such as past
and future medical expenses, and past, present, and future lost income.
Non-economic losses are also recoverable. These include physical pain
and suffering, emotional pain and suffering, loss of enjoyment of life,
loss of the ability to carry on a normal life, permanent injury,
permanent scarring and disfigurement, and permanent impairment of bodily
functions. Economic losses are often capable of exact mathematical
calculation.
However, non-economic losses are not capable of exact mathematic
calculation and are usually based upon an estimation of what a jury in
the locality where the injuries occurred and the case will be heard
typically awards for such cases.
What damages can be recovered when a death results from an automobile
and truck accident?
The survivors of the fatally injured person are entitled to recover
economic damages that the injured person would have been entitled to
receive during his or her lifetime. If the fatally injured person
survives the collision but later dies, the survivors of the injured
party may be entitled to also recover for all non-economic losses which
that person may have suffered between the time of the collision and the
moment of death.
In addition, the survivors themselves may be permitted to recover for
any emotional and or economic losses sustained by them as a result of
the injury or death.
Will the at-fault party pay my expenses as the bills come in, and if
not, what can be done?
Serious injuries sustained in automobile and truck collisions often
produce personal, family, social, and financial crises. The interruption
of the flow of earnings and the mounting of medical expenses is often
very difficult to manage. Unfortunately, in South Carolina, the law does
not permit an injured party to receive periodic payments of
compensation.
However, the Harris Law Firm exercises every possible means to explore
ways to coordinate other sources of insurance benefits to help alleviate
some of the financial stress. Often, other sources of benefits are
overlooked and the Harris Law Firm does everything possible to ensure
that the client receives the maximum benefits from all sources.
Will my case be settled out of court?
The Harris Law Firm’s philosophy is that one of the best ways to
ensure a complete recovery of economic and non-economic loss for
the victims of accidents is to assume that all cases will eventually
need to be heard by a jury in court. Preparing the case thoroughly
for trial is the best way to assure that a reasonable settlement
can be achieved out of court. The Harris Law Firm is not a “settle-quick-for-whatever-we-can”
law firm.
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legal advice. These materials have been prepared by Harris Law
Firm for informational purposes only. You should consult an
attorney for individual advice concerning your own situation.
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