Are there any limits on pain and suffering damages in Newberry County?
Newberry County, SC – When an injured person sues others for their injuries, there are a few different types of compensation available. These are divided into economic damages, non-economic damages which are sometimes called pain and suffering, and punitive damages if the defendant needs to be punished for reckless or malicious behavior. Non-economic damages can be difficult to predict due to the fact that they are not tied to any specific loss, but rather mental health and quality of life problems caused by the incident. A licensed attorney should always be consulted for a more complete estimate of the damages available in any given case.
Two situations where pain and suffering are limited
South Carolina’s laws place caps on non-economic damages for pain and suffering in two distinct cases. When the government is named as the defendant in any kind of accident or injury lawsuit, the total damages are limited to $300,000 due to the South Carolina Tort Claims Act. This can create a difficult situation for people who had serious and life changing injuries due to an accident caused by a police car or some other municipal or county worker. They may not be able to recover nearly enough for medical treatment and lost wages.
The second situation is when any kind of malpractice is involved in the lawsuit. Things like medical malpractice and other types of similar cases limit damages for pain and suffering to $350,000, and a total of just over $1 million is the cap for all defendants in the same action. However, economic damages have no limits in these kinds of cases.
How do lawyers try to get the most pain and suffering compensation for their clients?
Injury lawyers are given a fair amount of latitude in terms of arguing for the client’s non-economic damages. During a trial or settlement negotiations, they can point to specific problems the person has due to their injury. This is normally indicated by things like reduced functionality for day to day tasks, physical pain, mental health problems, and other changes in the person’s ability to work and earn money. Other parties can also testify regarding how the injury changed the person’s life.
Accident attorneys in South Carolina
The Clekis Law Firm helps accident victims in Newberry County and other parts of South Carolina with the process of filing a civil injury lawsuit for compensation. Anyone who has recently been injured can meet with their attorneys to learn more.
USAttorneys.com is a service that works with people who are looking for the right lawyer. Those who are searching for a licensed attorney in their city or state can call 800-672-3103 for assistance.
Firm contact info:
171 Church St., Charleston SC, 29401
843-900-0000
clekis.com
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