Have you been involved in a personal injury accident in Myrtle Beach? Are you wondering what your remedies at law are? As a review from my earlier blog, if you have been injured in a personal injury accident, you may be able to recover compensatory, nominal and/or punitive damages.
Personal injury damages allow for the recovery of tangible and intangible losses. Tangible losses include medical expenses, lost earnings, lost wages, loss of future earnings and earning power. Intangible losses include pain and suffering, disfigurement and disability, and emotional/mental distress.
One of the key areas where plaintiffs seek to recover money damages is in the realm of tangible loss. Where a party has been injured, they typically seek reimbursement for medical expenses spent. For a personal injury plaintiff to recover for medical expenses, he must show that the services were reasonably necessary and caused by defendant’s negligence. If the plaintiff is able to meet the burden of proof, he will be entitled to recover the reasonable value of the medical services. This does not mean he will be entitled to the amount he paid for the medical services. The jury will look to a number of factors to decide what the reasonable value of the medical services is.
The jury also has discretion to determine the amount of damages in awarding for intangible loss such as pain and suffering. Here, again, the plaintiff has the burden of proof, the plaintiff must establish she consciously suffered pain and suffering at the hands of the defendant. The jury may allow for future pain and suffering in the award of damages as well as long as it is reasonably certain to occur.
If you have been involved in an accident in Myrtle Beach or the surrounding area, you may be entitled to recover damages. With the right attorney by your side, in a personal injury case, you may be able to recover the above mentioned damage awards. South Carolina has no set formula for determining a damage award in personal injury cases. Thus, choosing the right attorney to represent you could mean the difference between a small award and a large award of damages. Daniel Selwa has helped many receive damage awards in personal injury cases. Contact Daniel Selwa today to discuss your remedies at law.