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  Frequently Asked Civil Trial Practice Questions

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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