Car accidents happen pretty frequently. While some drivers walk away largely unscathed, others are badly hurt. The negligent driver who caused the collision might not have committed a crime, but they can still be held accountable in a civil claim. If you prove your claims, the other driver may be held responsible for paying your damages.
Injured drivers typically have only 2 years to file civil cases in court. If this time runs out and nothing is filed, you might lose your right to bring the cause of action, and you might never receive fair compensation. With the help of an attorney, you can file your case and claim various damages. Damages often involve economic injuries based on how much they cost and non-economic injuries that might not be related to money. Sometimes, punitive damages are available, but these tend to be unusual. We must present evidence that proves how the defendant caused the accident. Evidence may be unique to your situation, and we should look for photos from the crash, witnesses, and even testimony from experts in more complex cases.
Get a private, free case evaluation from our car accident attorneys at Rice, Murtha & Psoras by calling (803) 219-4906.
How Long After a Car Accident Can You File a Civil Case in Easley, SC?
Figuring out what to do right after a bad accident is not easy. You might be badly hurt, your car might be totaled, and there might be other angry drivers trying to blame you for the accident. It can be easy to feel overwhelmed, but it is crucial that you stay calm, get any necessary emergency medical attention, and contact a lawyer. Our car accident attorneys can review your situation and help you figure out your legal options. If you choose to sue the other driver, you have a limited time in which to do so.
According to S.C. Code Ann. § 15-3-530(5), plaintiffs filing personal injury claims for things like car accidents have only 3 years to submit their cases to court. This limitation period begins on the day the accident happens, so your time might be slipping away as we speak. If you are unable to file your case by the end of the limitation period, you might lose your right to file the case at all, and you might never receive compensation for your injuries.
Damages Available in an Easley, SC Car Accident Case
Your injuries and losses come at a steep cost. You might incur enormous bills for things like hospital visits and vehicle repairs. You might instead suffer in ways that cannot be proven by financial costs. All your damages deserve fair compensation. Exactly what kind of damages are available to claim depends on your specific circumstances.
Compensatory Damages
Most cases involve some extent of compensatory damages. These damages are awarded to make up for the plaintiff’s losses, be they financial or otherwise. Compensatory damages may be broadly divided into two categories: economic and non-economic damages.
Economic damages may be proven with records of financial costs. For example, after a bad car accident, you likely needed emergency medical care. Your treatment might have been very expensive, and those costs should be factored into your economic damages. You should also consider the damage to your car. Your vehicle might be very expensive to repair, or it might need to be replaced entirely. These costs should be accounted for in your economic damages.
Non-economic damages include injuries or losses that usually cannot be measured or proven based on how much they cost. Often, these damages do not come at a financial cost. Instead, they are often measured based on how they affect the plaintiff’s overall life. Pain, emotional distress, psychological trauma, humiliation, damage to your reputation, and the loss of enjoyment of your life are just a few examples of possible non-economic damages.
Punitive Damages
Although rare, punitive damages may be available depending on your circumstances. Punitive damages are not meant to make up for anything you lost. As such, they are not based on injuries or costs. Instead, punitive damages are meant to punish defendants if their behavior is especially egregious or shocking.
According to S.C. Code Ann. § 15-32-520(D), a court may award punitive damages only if the plaintiff proves by “clear and convincing evidence” that their damages resulted directly from the defendant’s wanton, reckless, or willful conduct. Ordinary negligence is not enough to justify an award of punitive damages.
Under § 15-32-530(A), punitive damages are limited to no more than three times the value of compensatory damages or $500,000, whichever is more. However, under subsection (C), the court may remove caps on punitive damages under specific circumstances. First, the cap may be removed if the defendant intended to cause harm and did in fact cause harm. Second, caps may be removed if the defendant has been found guilty or pled guilty to a felony arising from the same conduct complained of by the plaintiff, and that conduct is the proximate cause of the plaintiff’s damages. Finally, caps may be removed if the defendant’s conduct occurred while under the influence of drugs, alcohol, or other intoxicated substances to the degree that their judgment was substantially impaired.
Evidence to Support Your Car Accident Case in Easley, SC
Evidence is the very foundation of your case. Without enough evidence to meet our burden of proof, your case may not succeed. Finding evidence can be tricky, but there are certain common examples of evidence that we can look into as we begin preparing your case.
Photos and videos are pretty common in car accident cases because drivers often take pictures and record videos of the crash site and their damaged vehicles to send to insurance companies. These recordings may also be used as evidence in a civil case. In many cases, photos and videos preserve important details about the crash that are lost when the authorities clear away the accident scene.
We should also consider video footage from dashcams and security cameras. These cameras are becoming increasingly common, and there is a chance that video footage of the accident exists somewhere. The trick is getting it before it can be accidentally deleted, which means we must move quickly.
Speak to Our Easley, SC Car Accident Attorneys About Your Case Now
Get a private, free case evaluation from our car accident attorneys at Rice, Murtha & Psoras by calling (803) 219-4906.