Additionally, in some cases punitive damages may be awarded if the harm to the plaintiff (injured party) was the result of the defendant’s willful, wanton, or reckless conduct. Punitive damages in South Carolina injury cases are limited, or “capped,” at three times actual economic damages, or $500,000, whichever is more.
It must be understood that, because payment in a personal injury or wrongful death claim comes from insurance, the amount of money available is limited by the insurance coverage available in most cases.
South Carolina requires motorists to carry liability insurance with coverage worth a minimum of $25,000 per person for bodily injury and $50,000 for all persons injured in one accident. Claims for bodily injury may include medical expenses, lost wages, and pain and suffering.
The minimum property damage liability insurance coverage required in South Carolina is $25,000 for all property damage in one accident. This may cover not only damage to other vehicles but also other property, such as buildings, walls, fences and equipment.
A claim could also seek compensation from insurance you, the accident victim, hold. Uninsured motorist coverage (UM) pays the policyholder who is injured and/or whose property is damaged by a hit-and-run driver or an uninsured driver. South Carolina requires car owners to carry uninsured motorist coverage equal to the minimum amounts of liability coverage (25/50/25).
You may have additional, optional insurance, such as collision coverage or comprehensive coverage.
In some cases, the defendant’s personal assets may be “attached,” or used to make payment. But most parties with such assets have adequate insurance coverage. Conversely, those who do not have adequate insurance are not likely to have other assets.
The firm’s job as your car accident attorney is to figure out what you should get paid and work to obtain the maximum available to you through insurance coverage applicable to your case. Sometimes additional coverage, such as homeowners’ insurance or business liability insurance, may be applied to losses in a car accident.
Most cases pressed by the Law Firm of Regina B. Ward are settled through hard-nosed negotiations with insurance companies. Regina Ward gets the job done, from calculating clients’ total costs and losses, to identifying insurers’ obligations to our clients and not stopping until insurers do what’s right.
When a suit goes to court, Regina Ward and her legal team have assembled a solid and persuasive case to present to judge and jury.
Regina Ward will see your case through for you. She’ll find the way.