Because compensation is determined on a case-by-case basis, there is no typical or average settlement for a car accident in South Carolina. Claims with minor damage may settle for less than $15,000, while those with serious injuries may range from $15,000 to $75,000. For severe and catastrophic injury, car accident compensation may exceed $100,000.
Jordan Law Center’s Greenville Car Accident Lawyer explains what you need to know about the average car accident settlement in South Carolina.
Understanding South Carolina Average Car Accident Settlements
The purpose of a car accident settlement is to compensate victims for their losses. Some car accidents are minor and result in either slight injuries or no injuries at all. Others are life-changing, with catastrophic injury. South Carolina gives everyone the right to compensation based on the relative degree of harm that has occurred.
Because South Carolina is a fault state for car accident claims, even individuals with minor damages may have a valid claim. Everyone deserves justice, regardless of the size of their claim. Factoring in smaller claims may give the impression that South Carolina has a lower average settlement than states with no-fault systems. However, each case is evaluated individually, and the factors that influence the settlement amount in a car accident case are what truly matter.
How Car Accident Settlements Are Calculated in South Carolina
Car accident settlements are calculated in South Carolina by totaling economic losses and adding an amount for non-economic damages relative to the severity of the accident. Additional factors, such as the strength of the legal case and insurance policy limits, are then accounted for to determine a final compensation amount.
Factors That Influence Your Settlement Amount
Factors that influence what to expect from a car accident settlement include:
The degree of fault
How clear is it who is at fault for the accident? If it’s clear who is at fault, it makes the claim stronger for the full amount of calculated damages. It’s important to build evidence of fault as you pursue your car accident settlement.
Comparative negligence
South Carolina uses a modified comparative negligence system for car accident compensation. The system recognizes that multiple parties can be at fault for a car accident. Even if you share partial blame for a car accident, you may deserve compensation. Whether comparative negligence applies and the amount of fault assigned to you depends on the specific circumstances.
Severity of injuries
Pain and suffering compensation is tied to the severity of injuries. When a person suffers severe, permanent, disabling, or disfiguring injuries, they may be entitled to the appropriate compensation. The greater the victim’s suffering—whether physical, emotional, or in other aspects of their life—the higher amount they may claim in a settlement.
Circumstances of the victim
Compensation for a car accident settlement is based on the victim’s personal losses and circumstances. Determining the impact the car accident has on a person’s life starts with examining their life before the accident. Loss of enjoyment of life is a significant consideration. Injuries from a serious car accident can affect various aspects of a person’s life, including their ability to engage in activities, their status in the community, and their family relationships.
Employment, household contributions
Loss of income can be claimed in car accident compensation, as can the value of replacement contributions to the household, like caregiving and home maintenance. When these losses exist, they can significantly add to a car accident settlement amount.
Insurance limits, ability to collect
If the settlement comes from an insurance policy, the policy limit may impact the final award. If damages exceed the policy limit, the settlement from insurance will be up to the maximum amount of that insurance policy. Other sources of compensation may also factor into a settlement award.
Understanding Comparative Negligence
Comparative negligence does not apply in all car accident settlements. When it is relevant, it can either reduce your compensation or prevent you from receiving any compensation. In South Carolina, the principle of comparative negligence reduces compensation based on the percentage of fault you bear. If you are found to be 51% or more at fault for the accident, you will be completely barred from receiving any compensation.
You don’t share fault because the insurance company says so. It’s an objective determination based on whose actions contributed to the crash. An attorney can help you weigh comparative negligence to determine what to expect from your car accident settlement.
What To Expect During the Settlement Process
In the settlement process, you’ll file your claim for compensation with the insurance company. You’ll gather records of losses and discuss the appropriate settlement amount with the insurance company. You’ll sign a release and settlement agreement. Your funds will then be disbursed.
Receiving what you deserve for a car accident settlement requires building a case. Even if it’s obvious who is at fault and the insurance company seems willing to settle, you have important work to do. You must identify your damages and value economic and non-economic compensation.
It’s in the insurance company’s best interest to resolve the case for as little as possible. They won’t automatically inform you of the value of your case or provide an average amount for settlement. It’s your responsibility to build your case, assess its value, and negotiate a case resolution. An experienced car accident lawyer can assist you in this process.
How a Greenville Car Accident Lawyer Can Help
Our Greenville car accident lawyer at Jordan Law Center can help you understand the value of a car accident claim. A lawyer can explain what you should expect to receive for your car accident settlement and why, as well as what to expect in the settlement process itself. Your lawyer can investigate and document damages and handle the claims process on your behalf.
Contact
If you have a car accident claim, don’t settle for average legal representation. Contact Jordan Law Center. Ask our experienced Greenville car accident lawyers for a case review. See what your case may be worth and what might factor into your settlement. Call or message us today.
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