What Damages Can You Recover After a Serious Accident?

A serious accident can turn your life upside down in an instant. Medical bills pile up, you may be unable to work, and the physical and emotional toll can feel overwhelming. If someone else’s negligence caused your injuries, you may be entitled to compensation, but do you know exactly what you can recover? Understanding the types of damages available to you is one of the most important steps you can take after an accident.

Economic Damages: The Costs You Can Count

Economic damages are the tangible, measurable financial losses that result from your injuries. These are the expenses and losses that can be documented with bills, receipts, and pay stubs. They typically include:

• Medical expenses, including emergency care, surgeries, hospital stays, and follow-up appointments
• Future medical costs for ongoing treatment, physical therapy, or long-term care
• Lost wages for time missed from work during your recovery
• Reduced earning capacity if your injuries prevent you from returning to your previous line of work
• Property damage, such as the cost to repair or replace your vehicle

Keeping careful records of all expenses related to your accident is essential. Every receipt, invoice, and pay stub can help support your claim and demonstrate the true financial impact of your injuries.

Non-Economic Damages: The Losses That Are Harder to Measure

Not every loss from a serious accident shows up on a bill. Non-economic damages compensate you for the ways an injury affects your quality of life beyond the financial. These can include pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium, which refers to the impact your injuries have on your relationship with your spouse or partner. These damages are real and significant, even if they are harder to quantify.

South Dakota does not cap non-economic damages in most personal injury cases, which means the full impact of your suffering can be taken into account. Under South Dakota Codified Laws § 21-3-1, a person injured by the wrongful act or negligence of another may recover the full amount of actual damages, which courts have interpreted to include non-economic losses.

Punitive Damages: When Conduct Is Especially Egregious

In some cases, you may also be entitled to punitive damages. These are not meant to compensate you for a specific loss but instead to punish a defendant who acted with willful, wanton, or malicious disregard for the safety of others. Think of a drunk driver or someone texting at highway speeds. Punitive damages are not awarded in every case, but when they are, they can significantly increase your total recovery.

Speak With a Sioux Falls Personal Injury Attorney Today

If you or a loved one has been injured in a serious accident in South Dakota or Sioux Falls, you deserve to know the full value of your claim. At Hoy Law, we are ready to fight for every dollar you are entitled to. Contact us today for a free consultation with our Sioux Falls personal injury lawyers and let us put our experience to work for you.