Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
After a motor vehicle accident in South Carolina, calculating a fair settlement value for soft tissue injuries involves combining documented economic damages with non-economic damages and adjusting for any comparative fault. Follow these steps to build a comprehensive valuation.
1. Document Economic Damages
Economic damages reimburse actual, out-of-pocket losses:
- Medical expenses: Sum charges for emergency care, specialist visits, imaging, physical therapy, and prescriptions. South Carolina requires personal injury protection (PIP) benefits up to $10,000 for reasonable medical costs—see S.C. Code Ann. §38-77-770.
- Lost wages: Calculate income lost during recovery. Include reduced earning capacity if injuries cause lasting limitations.
- Other outlays: Factor in transportation to medical appointments, homecare, and assistive devices.
2. Assess Non-Economic Damages
Non-economic damages address pain, suffering, and emotional distress. South Carolina imposes no specific cap on non-economic awards in auto accident claims, but you must clearly link them to your soft tissue injuries.
Common valuation methods:
- Multiplier method: Multiply total economic damages by a factor (typically 1.5–5) based on injury severity. Soft tissue injuries often use a multiplier of 1.5–2.
- Per diem method: Assign a daily rate (e.g., $50–$200) for pain and suffering, multiplied by the number of days of recovery.
3. Apply Comparative Negligence
South Carolina follows a pure comparative negligence rule, reducing your recovery by your percentage of fault. See S.C. Code Ann. §15-38-15. For example, if total damages equal $20,000 and you bear 10% fault, your net award is $18,000.
Helpful Hints
- Keep detailed records of all medical bills, prescriptions, and related expenses.
- Obtain a clear, written medical report outlining diagnosis, treatment, and expected recovery timeline.
- Track days missed from work and any change in your ability to perform job duties.
- Maintain a journal documenting pain levels, emotional impact, and daily activity limitations.
- Retain copies of all correspondence with insurance adjusters.
- Consider consulting a qualified personal injury attorney licensed in South Carolina before accepting any settlement offer.
- Be wary of quick, lowball offers—insurers often start negotiations below fair value.
Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult a licensed attorney to discuss your specific situation.