What damages can I seek for a bicycle accident injury?
In South Carolina, you can seek various damages for an injury sustained in a bicycle accident. Generally, a plaintiff may be entitled to economic, non-economic, and punitive damages. Economic damages refer to losses for which an exact dollar amount can be calculated, such as medical expenses, lost wages, and property damage. Non-economic damages are more subjective, and pertain to things like pain and suffering, mental anguish, and loss of consortium. In South Carolina, punitive damages may also be available, though they are uncommon in bicycle accident cases. Punitive damages are a type of award the jury may order, meant to punish the defendant and encourage them to exercise greater care in the future. In order to be successful in a bicycle accident case, you must prove that the defendant’s negligence caused your injury. For this, you must demonstrate that the defendant owed you a duty of care, that duty was breached, and that breach caused your injuries and damages. If you believe you are entitled to damages, you should seek the counsel of a skilled and experienced attorney as soon as possible. An attorney can help investigate the facts of your case, identify any viable legal theories, and build your case. In addition, an attorney can help negotiate a settlement on your behalf.
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