Hurt in a pedestrian crash in Charleston? You have the right to seek compensation for the full value of your damages from the at-fault party. Do not agree to settle your claim for less. A pedestrian accident settlement/verdict in South Carolina should generally include compensation for both economic damages and non-economic damages. A Charleston pedestrian injury attorney can help explain the different types of compensation that you can pursue in a claim in South Carolina.
Three Categories of Pedestrian Accident Compensation in South Carolina
1. Economic Damages
Economic damages are the foundation of pedestrian accident compensation in South Carolina. Economic damages compensate an injured pedestrian for the measurable financial losses caused by a crash. In South Carolina, these damages include medical bills, hospitalization costs, surgeries, prescription medications, assistive devices, rehabilitation, and long-term therapy. They also include lost wages, reduced earning capacity, and out-of-pocket expenses related to transportation, home modifications, or in-home care. Courts require documentation to support these losses, and insurers will carefully review every expense closely. Your Charleston pedestrian accident lawyer will help you put together a strong and well-supported pedestrian injury claim.
Note: Future economic losses are also recoverable when supported by expert testimony or medical projections. A pedestrian who suffers a permanent injury may face lifelong medical needs or reduced work opportunities.
2. Non-Economic Damages
You also have the right to pursue financial compensation for non-economic damages as part of your pedestrian accident injury claim. Non-economic damages compensate for intangible harm that does not have a direct financial value. South Carolina allows recovery for pain and suffering, emotional distress, mental anguish, loss of enjoyment of life, disability, disfigurement, and the day-to-day impact of living with injuries. These damages acknowledge that a pedestrian crash affects far more than a bank account.
A big challenge with non-economic damages is that they are inherently difficult to value. In South Carolina, there is no fixed formula for calculating non-economic harm. The value depends on the evidence presented and the credibility of the claimant’s description of their post-accident condition. South Carolina does not cap non-economic damages in most personal injury cases involving private defendants. That allows juries to evaluate the full human impact of the injury.
3. Punitive Damages
While not awarded in most cases, punitive damages are sometimes recoverable in pedestrian accident injury claims in South Carolina. Punitive damages are different from both economic and non-economic damages. They do not compensate the injured pedestrian for their losses. Instead, they punish the defendant for willful, wanton, or reckless conduct and deter similar behavior. In South Carolina, punitive damages are governed by S.C. Code Ann. § 15-32-520. To obtain punitive damages, the injured party must prove by clear and convincing evidence that the at-fault driver acted with conscious disregard for the safety of others. Common examples include drunk driving, street racing, extreme speeding, or intentionally ignoring traffic signals.
Contact Our Charleston Pedestrian Accident Lawyer Today
At Query Sautter & Uricchio, LLC, our Charleston pedestrian accident attorney fights for the maximum compensation for victims. If you have any questions about pedestrian accident compensation, please do not hesitate to contact us for a free, no-obligation case review. From our Charleston law office, we fight for justice for pedestrians throughout South Carolina.