SC Law Blog

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Wednesday, June 20, 2012

Personal Injury Damages


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. 

9 comments:

  1. I have come to know about attorney Mr. Selwa and his legal services to the clients from a very close friend of mine. Unfortunately, He somehow faced similar situation following a personal injury and damages case but expertise of Mr. Selwa has provided the true essence of relief from the legal convolutions.

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  2. People should really be aware of this information. You’ll never know when you’ll get into a personal injury accident, or even simply just accidents, in general. Simply knowing these can help you in handling the case and be more certain of your decisions. It would also be easier for your lawyer to help you if you already understand some aspects of the lawsuit.

    Karolina Jeanes

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  3. Personal harm injuries allow for the rehabilitation of physical and intangible failures. Tangible failures include medical expenditures, lost revenue, lost salaries, reduction of upcoming earnings and generating power.

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  4. Nice post and rocking discussed personal injury , thanks author

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  5. “With the right attorney by your side, in a personal injury case, you may be able to recover the above mentioned damage awards.” – That’s right! Choosing the right legal expert to get you through the process of getting the rightful assistance you deserve when you have been wrongfully injured is essential. Without a highly skilled lawyer to help you, you might end up getting less or worse, nothing, especially if you’re not very familiar with the legal processes.

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  6. There are many places where people can get injuries and working place is very common where people can get injury. They can claim to insurance company for settlement.

    injury attorney milwaukee

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  7. There are other ways on how to claim for personal injury such as no win no fee litigation or the conditional fee agreement (CFA). This simple means, win or lose, you won't have to pay for the solicitor's fee. This agreement usually recommended to claimants who are afraid that if they claim, it'll be costly on their part.

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  8. Thank you for sharing. There are certain personal injury circumstances in which it is crucial to hire an experienced personal injury lawyer to help you with your case. In these cases, it would not be wise to try to handle the claim yourself.

    - personal injury lawyers in Massachusetts

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  9. Thank you for sharing. There are certain personal injury circumstances in which it is crucial to hire an experienced personal injury lawyer to help you with your case. In these cases, it would not be wise to try to handle the claim yourself. wrongful death lawyer phoenix

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