Category: Truck Accident

Commercial truck accidents are among the most devastating on South Carolina roadways. These mammoth vehicles can inflict catastrophic damage on smaller passenger vehicles, leaving accident victims with significant injuries and medical bills. Unfortunately, many accident victims are unsure what their truck accident case is worth and may feel pressured into accepting a low settlement before they realize the extent of their injuries.

The first steps in recovering fair compensation after a South Carolina truck accident are understanding how damages are calculated and knowing what you can do to fight for maximum compensation.

What Damages Are Available in South Carolina Truck Accident Cases?

The compensation a victim can recover following a significant truck accident varies depending on the circumstances of the accident, the severity of the injuries, and other factors. Compensatory damages refer to money that compensates a truck accident victim for the injuries suffered due to the careless actions of the other party, such as the truck driver, trucking company, or another third party.

There are two types of compensatory damages: economic and non-economic. Economic damages are the compensation you can recover for your tangible or measurable losses. These losses can include medical expenses, lost wages, and property damage. Economic damages are easily calculated using documentation such as medical bills, pay stubs, tax forms, and repair receipts.

Non-economic damages are more challenging to understand because they compensate a person for “quality of life” or non-monetary consequences of an accident. Emotional distress, loss of consortium, and pain and suffering are examples of non-economic damages. No paper trail can help you calculate the value of these consequences, making non-economic damages subjective and more difficult to estimate.

A third type of damages comes into play in rare situations involving willful, wanton, or exceedingly reckless actions from an at-fault party. These are punitive damages. Punitive damages do not compensate victims for their injuries. Instead, the court uses them as a financial punishment for the party that caused the harm and to deter future bad actors.

In South Carolina, punitive damages are capped or limited to the total of the compensatory damages or $500,000, whichever amount is greater.

Liability and the Value of a Truck Accident Case

Liability for the accident can also factor into how much a truck accident lawsuit is worth. South Carolina follows a modified comparative negligence system. In civil court, your percentage of fault for causing an accident factors into how much compensation you can recover. Compensation decreases by the same percentage as your fault for contributing to the collision. In South Carolina’s modified comparative negligence model, when one party’s share of fault is 51 percent or higher, that party cannot recover any compensation for their injuries. This rule binds court cases and guides how an insurance adjuster may value a claim.

Retaining legal representation is the best way to ensure you can pursue maximum compensation for your injuries. Insurers and trucking companies are notorious for attempting to shift blame to victims to diminish or deny accident claims. An insurer may also pressure a vulnerable truck accident victim into accepting a low settlement, leading the victim to believe their claim does not merit full compensation.

The value of every South Carolina truck accident case is different. However, most victims can pursue money for:

• Current and future medical expenses
• Lost wages
• Loss of earning capacity
• Property damage
• Pain and suffering

Sometimes the best way to pursue this compensation is through a personal injury lawsuit. Before accepting anything from an insurer, allow an experienced truck accident attorney to evaluate your case and calculate the fair value of your injuries. They can protect your rights and explain all your options for recovering fair compensation.

Get in Touch with a South Carolina Truck Accident Attorney Today

A truck accident can turn your life upside down, leaving you with both catastrophic injuries and financial instability. The legal team at Willcox, Buyck & Williams, PA, can help by accurately calculating the value of your case and fighting for the money you need to rebuild your life.

Contact our office today and ask to set up a free consultation.

Truck accidents can devastate the lives of victims and their families – but South Carolina law allows victims to seek compensation for any injuries they suffer in a collision with a commercial truck. But how is the compensation determined in these cases? Here’s a closer look at how the process works.

What Factors Influence the Value of a Truck Accident Injury Claim?

Several factors can significantly impact the value of your truck accident injury claim:

Injury Severity and Medical Bills

The severity of your injuries can significantly increase the compensation you can receive from a successful claim. In short, the more severe your injuries, the higher the payout you can expect to receive.

To translate the severity of a victim’s injury in economic terms, attorneys, insurers, and courts in South Carolina factor in the amount of all medical bills directly related to the accident and estimate the future costs of long-term care. They also calculate the expenses related to mental health treatment, such as counseling for trauma or depression resulting from the accident. The resulting amount will serve as a baseline for your personal injury claim.

Lost Income and Foregone Wages

Your attorney will also help you determine the income you lost while recovering from your accident. This figure includes more than just missed paychecks – it also includes all the work time that you missed because of your injuries, medical appointments, and recovery periods; the bonuses, commissions, and benefits that you may have forfeited; and the difference between what you could have earned over your lifetime and what you’re able to earn after your injury.

Pain and Suffering

The pain, suffering, physical harm, and emotional distress that you experience will factor into your final claim amount as well. But these calculations require more work. 

Most courts use either the multiplier method (multiplying your economic damages by a factor of 1 to 5 based on severity) or the per diem method (assigning a daily dollar amount to your suffering and multiplying by the expected recovery duration) to calculate the full value of your claim.

What Evidence Should I Gather to Support My Claim Value?

To maximize the amount of compensation you can demand, collect all medical records related to your injuries, including doctor’s notes, test results, treatment plans, and billing statements. Make sure to maintain copies of the receipts for any medication, medical equipment, and transportation to medical appointments.

Also, request copies of your work records that document your wages, benefits, and time off from work. All of this documentation will help prove the amount of money that you paid and forfeited because of your accident and, ultimately, because of someone else’s negligent actions. 

Should I Accept the Insurance Company’s First Settlement Offer?

Initial settlement offers will rarely reflect the true value of your claim. Insurance companies typically lowball your offer to start, hoping that you will settle for less and save them some money.

Before talking to insurance company representatives, meet with a South Carolina truck accident attorney who can calculate the payout you truly deserve and compare it to the insurance company’s offer.

Be patient – if you accept a premature settlement, you will often leave substantial compensation on the table.

How to Get Help with Your Truck Accident Claim from Experienced Attorneys

At Willcox, Buyck & Williams, P.A., our personal injury attorneys understand how to accurately value your truck accident claim for maximum compensation. We have a proven track record of successfully handling truck accident injury claims with professionalism, dedication, and compassion – we take pride in helping our clients rebuild their lives after devastating accidents.

If you suffered an injury in a truck collision, call our office to schedule a free consultation, or fill out our online form. We will help you demand the compensation and justice you deserve.