Automobile Accidents

If you have been in an automobile accident and suffered personal injury, you need to contact an experienced Columbia, SC, trial attorney to help you. There are several things you need to know if you are in an automobile accident or involved in a personal injury case.

First, who was at fault in the accident? Only individuals who were not at fault in an automobile accident/personal injury case may recover damages. Normally, a law enforcement officer will determine who was at fault on the FR10 form.

However, anyone can challenge an officer's opinion. Most importantly, the officer's determination of fault is not admissible in a jury trial unless the officer is qualified as an accident reconstruction expert, which is rare. The jury gets to decide who was ultimately at fault in the automobile accident.

Second, if you were injured in the automobile accident, you may be entitled to several different types of damages. An injured person is entitled to any out-of-pocket expenses such as medical bills, prescription bills, and lost wages. In addition, an injured person is entitled to pain and suffering, mental anguish, loss of enjoyment of life, and a per diem award if the injuries are permanent in nature. Future medical bills, lost wages, pain and suffering, mental anguish, and loss of enjoyment of life may also be awarded if the injury is permanent. The aforementioned damages are actual damages. The jury is instructed by the judge that actual damages should be awarded to make the person whole again.

Third, if you have been injured in an automobile accident by a drunk driver or texting driver, you are entitled to receive punitive damages. Punitive damages are awarded by the jury to punish the other driver and vindicate the rights of the injured person for the egregious conduct of the drunk or texting driver. Punitive damages are awarded to set an example for the community that this type of gross negligent conduct of another driver will not be tolerated in the community.