After you’ve suffered injury in an accident not of your making, you have the right to file an insurance claim or lawsuit against the person responsible for your injuries. No matter what kind of accident you were hurt in, the at-fault party can be held liable.
In many cases, accident victims decide to file an insurance injury claim with the negligent party’s insurer, as opposed to taking the at-fault party to court.
If you decide to go the insurance claim route, you’ll need to learn how to calculate a personal injury settlement in South Carolina. You don’t want to receive a settlement that is less than what you’re owed for your damages and losses.
Understanding How Modified Comparative Negligence Works in South Carolina
An important point to address is that South Carolina compares the negligence of all parties involved in an accident and uses that comparison to decide if you’re owed damages.
For instance, if you and one other party were in a vehicle collision and you held a percentage of blame for the accident, your damages will be reduced by how much fault is attributed to your actions.
In South Carolina, as long as you weren’t more than 50 percent to blame for the accident, then you can still go after the other party for damages. If you were somewhat at fault for the accident that hurt you, you will need to keep this in mind when calculating your claim’s value. Read more about comparitive negligence here.
Adding Up Your Damages after an Injury
To calculate your claim, you need to add up all your losses. This can include financial losses, such as medical expenses, lost wages, and property damage. Don’t forget to include future losses in your calculation.
To calculate your non-economic damages, you should factor in your pain, mental suffering, and any effects your injuries and the accident have caused in your life. A South Carolina injury attorney can assist you in this step.
Connect with a Personal Injury Attorney in South Carolina
Hopefully this information has helped you to better understand how to calculate a personal injury settlement in South Carolina. For additional information regarding filing a claim or lawsuit, contact HawkLaw, PA at 1-888-HAWK-LAW (429-5529). You can also send in the online form below.
