What damages can I recover in a pedestrian accident case?
In South Carolina, people who have been injured in a pedestrian accident may be able to recover damages from the at-fault driver. There are two types of damages that can be recovered in a pedestrian accident case: economic damages and non-economic damages. Economic damages are meant to cover tangible losses such as medical bills, lost wages, and property damages. These damages are intended to make the person whole again and restore them to the same position they were in before the accident. Non-economic damages cover intangible losses such as pain and suffering, loss of enjoyment of life activities, and other intangible losses. These damages are designed to provide compensation for costs that cannot easily be measured in terms of money. In South Carolina, a plaintiff may be able to recover all of the above types of damages as long as it can be proven that the at-fault driver was negligent and caused the accident. Negligence is determined based on a number of factors, including whether the driver was driving recklessly, chose to ignore a pedestrian’s right of way, or become distracted while driving. If these factors can be proved, then the plaintiff may be able to recover damages for their losses. Additionally, a plaintiff may be able to recover punitive damages, which are designed to punish the at-fault driver for their actions. However, punitive damages are rarely awarded in pedestrian accident cases in South Carolina.
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