Discussing Damages Available To Injury Victims in South Carolina Auto Accidents

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Anyone who has been injured in a car accident as a result of another’s wrongful conduct knows that cost of medical care is a very important type of compensation to recover in court.   In many instances after being injured in a car accident, the injury victim will receive initial medical treatment through his or her usual doctor and existing health insurance.

However, in some instances, it may be beneficial to see a specialist.  Because neck and back injuries are common with regard to automobile accidents, it can be useful to see a spine specialist.  A specialist will help to discover the full nature and extent of injuries suffered.  Furthermore, being able to present medical evidence of these injuries in either court or the settlement process will ensure that the full scope of injury-related damages is addressed.  With regard to specialists or general physicians, it is essential that all car accident victims preparing for trial are present at all scheduled medical appointments, as failure to do so may weaken a personal injury claim for damages.

Recovering Lost Income

After medical care, lost income is one of the most important forms of damages that can be recovered by a car accident injury victim.  In the aftermath of an accident, an injury victim bringing suit against another can be unsure of whether to attempt to return to work or not.  Courts look favorably upon individuals attempting in good faith to mitigate damages suffered, so if your doctor tells you can safely perform some or all of your job duties, then you must do so.  Additionally, injury victims often worry that an inability to return to full or part time duty may lead to a loss of employment.  Fortunately, the Family Medical Leave Act, which applies to companies with 15 or more workers, provides benefits for those who have suffered an injury.  Under the act, these companies are required to protect an injured individual’s job for 12 weeks.  However, as with medical damages, a claim for lost income due to missed work must be supported by medical evidence.  The court will not be satisfied with anything less.  So, you will need a work excuse or physical restrictions form from your doctor, and be sure to give a copy to your employer, and keep a copy for yourself.  One final point is simple, but important to remember – keep a log of your missed worked and wages.

Reach Out to an Attorney for Help Recovering Compensation

If you have been injured in a car accident, the first thing to do is notify your insurance company.  South Carolina law requires that an individual involved in a car accident submit an FR-10, or “Green” form, to the individual’s insurance agent within 15 days of an accident.  After you have notified your insurance agent, contact an experienced South Carolina automobile accident attorney.  Your attorney will analyze the facts unique to your specific circumstances, explain your legal options, and work to obtain the maximum compensation you need and deserve for your injuries.

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