Evidence of Damages in South Carolina Personal Injury Cases

June 18, 2020
Evidence of Damages in South Carolina Personal Injury Cases

The outcome of any personal injury claim hinges on the strength of the evidence. To prevail, you must be able to prove liability, causation, and damages. Below, we provide an overview of the evidence that is often used to prove damages in these cases:

1. Medical Records

Your medical records will be integral when it comes time to prove the severity of your injuries. While your attorney can track down these documents from each healthcare facility that you visit over the course of treatment, you can ensure these records are as complete as possible by saving all the paperwork you receive from every provider. This includes prescriptions, diagnostic images, and treatment plans. You should also photograph any visible wounds as they heal and document the scarring or disfigurement left in their wake.

2. Personal Injury Journal Entries

It’s wise to start a personal injury journal the same day you get hurt. For the first entry, write down everything you remember about the accident in question. At this stage, no detail is too small to include. For the rest of the entries, write about the ways in which the injuries are affecting your everyday life.

This journal will help contextualize the extent of your non-economic damages. In South Carolina, the following non-economic damages might be recoverable, depending on the circumstances:

  • Anxiety;
  • Depression;
  • Mental anguish;
  • Psychological trauma;
  • Loss of enjoyment in life;
  • Sexual dysfunction; and
  • Pain and suffering.

3. Receipts and Invoices

Personal injury claimants are entitled to seek compensation for reasonably necessary, objectively verifiable damages, also called “economic damages.” In addition to medical bills, such damages may include:

  • Property repairs;
  • Lost income;
  • Alternative transportation;
  • Home and vehicle modifications necessary for accommodating any permanent disabilities;
  • Domestic help; and
  • Child care.

It’s important to save the receipts and invoices you receive for all such services. If you know how to digitize documents—or you know someone who can help you do so—you can easily send these records to your attorney so they are safely stored.

4. Financial Documents

Personal injury victims can also pursue funds for lost wages. And those whose injuries are so severe that they are unable to return to the workforce at all can seek compensation for loss of future earnings. In order to prove such damages, you will need financial documents like paystubs and prior tax returns.

You may also need a report from an economist and/or expert within your industry. A resourceful personal injury attorney can determine if such a report would contribute to your case and will have access to well-credentialed experts to provide the necessary evidence.

Discuss Your Claim with a Personal Injury Lawyer in Greenville

For help building your personal injury claim, turn to Hodge & Langley Law Firm. Our lawyers have over 50 years of combined experience in the legal field. Call 864-585-3873 or fill out our Contact Form to schedule a free consultation with personal injury attorney in Greenville. We will come to you if you are unable to come to us.



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