What Is the Average Settlement for a Rear End Accident in South Carolina?
Rear-end accidents are quite common in South Carolina. These accidents happen for several reasons, including tailgating, distracted driving, weather conditions, speeding, drunk driving, and drowsy driving. If you were hit from behind in a rear-end accident in South Carolina because of another driver’s negligence, you have the right to file a personal injury claim against the negligent driver and recover compensation. Understandably, as a rear-end accident victim, you want to know how much your claim is worth. However, it is impossible to tell how much you can expect to recover in a rear-end accident claim in South Carolina. Settlement values for rear-end accident cases vary depending on several factors. The value of your claim will depend on the specifics of your case.
Factors That Can Impact the Value of Your Rear-End Accident Case
So many unique factors can impact the outcome of your case. The following are some of the factors that can impact the value of your South Carolina rear-end accident case;
The Severity of Your Injury
Rear-end accidents result in different types of injuries, and the severity of these injuries differs. The severity of your injury will impact the outcome of your case. Usually, the more severe the injury, the higher the settlement amount. This is because the more severe the injury, the longer the medical treatment, and thus, the higher the medical expenses. Second, the more severe the injury, the higher the level of pain and suffering.
The Level of Fault of the Involved Parties
Another crucial factor that can impact the value of your case is the level of fault of you and the other driver. According to South Carolina law, as long as you are less than 51% to blame for your accident, you can recover compensation from the other party. However, if you and the other driver share fault for your accident, the compensation amount will be reduced based on your percentage of fault. For example, suppose you are 20% to blame for your accident. In such a case, the compensation amount will be reduced by 20%, meaning you will recover 80% of the total damages.
The Insurance Coverage Available
The insurance coverage involved in your case can also impact how much you recover as compensation. If the other driver is underinsured or uninsured, it may be challenging for you to recover full compensation.
Fortunately, in South Carolina, if an at-fault driver is uninsured or underinsured, you may still be able to recover compensation for your damages. You can turn to your (UM) and underinsured (UIM) motorist coverage to recover compensation.
Punitive Damages
According to South Carolina law, punitive damages can be awarded in cases where it is shown that the plaintiff’s injuries were caused by the defendant’s intentional, malicious, or reckless conduct. Being awarded punitive damages can significantly increase the value of a rear-end accident case.
Contact Us for Legal Help
If you’ve suffered an injury in a rear-end accident because of another driver’s negligence, our Charleston car accident lawyer at the Gus Anastopoulo Law Firm can help you fight for the maximum compensation possible. Contact us today to schedule a consultation.
Source:
scstatehouse.gov/code/t15c032.php#:~:text=of%20this%20act.%22-,SECTION%2015%2D32%2D520.,-Bifurcated%20trials%3B%20clear
