Our clients’ injury settlements can include economic damages and general damages. Courts also occasionally award punitive damages based on the individual facts of the case. We determine our clients’ economic damages by totaling their out-of-pocket expenses. As motorcyclists often sustain injuries that require long-term medical care, we require an economist’s projections to determine future costs. Economic damages may include the following:
- Current and future income losses;
- Diminished earning capacity;
- Current and future treatment and pharmacy costs;
- Prosthetics;
- Ramps and mobility aids;
- Physical, emotional, and occupational therapy;
- Medical transportation;
- Household assistance; and
- Funeral and burial costs.
Evaluating general damages isn’t as simple as totaling bills and lost wages. They include financial damages for emotional, psychological, and lifestyle issues. General damages include these and other subjective considerations:
- Pain and suffering;
- Anxiety;
- Emotional distress;
- Spousal and relationship issues;
- Loss of bodily functions;
- Temporary and permanent disabilities;
- Scars; and
- Disfigurement.
- In some cases, a jury may award punitive damages under South Carolina 15-32-510. For a successful punitive damage award, the plaintiff must demonstrate “clear and convincing evidence” of the defendant’s “willful, wanton, or reckless conduct.”