South Carolina Compensatory and Punitive Damages
South Carolina law recognizes two main types of damages in personal injury cases – compensatory damages, which address the economic and non-economic harm that a person suffers, and punitive damages, which punish at-fault parties for especially reckless or malicious conduct.
If you suffered an injury in South Carolina because of someone else’s negligence, you may have the right to one or both types of damages. An experienced personal injury lawyer at Elrod Pope Accident & Injury Attorneys can review your case and help you understand the compensation that you can seek as a result of your accident.
What Do ‘Damages’ Mean in South Carolina Personal Injury Cases?
In a personal injury claim, the term “damages” refers to the monetary award a court orders an at-fault party to pay if their negligence caused you harm. South Carolina law recognizes several categories of damages. The types and amounts that a court may order depend on the specific facts of your case.
What Are Compensatory Damages in South Carolina?
Compensatory damages make up the largest portion of most personal injury awards in South Carolina. As the name suggests, the purpose of these damages is to compensate you for the specific losses your injury caused. The two main categories of compensatory damages are economic and non-economic damages. These damages specifically cover the following types of harm:
- Economic damages – These damages cover the injury-related financial losses you can document and calculate. Economic damages include past and future medical expenses and any wages you lost while recovering. If your injury reduces your ability to earn income going forward, you can also seek damages for diminished earning capacity. Property damage costs, such as vehicle repairs related to a car accident, fall into this category as well.
- Non-economic damages – Some of the most significant losses an injury can cause don’t come with a clear dollar value. Non-economic damages exist to compensate you for those losses. South Carolina courts recognize pain and suffering, emotional distress, and lost enjoyment of life as compensable non-economic losses. If an injury leaves you with visible scarring or disfigurement, you may recover damages for that as well.
How Do You Calculate Compensatory Damages in South Carolina?
Calculating compensatory damages starts with adding up your economic losses. A personal injury lawyer at Gartlan Injury Law can help you gather medical bills, pay stubs, and other documentation to establish a concrete number for your financial losses. We might also work with experts to estimate projected future losses, like ongoing medical costs or losses in earning capacity.
Non-economic damages in South Carolina require a different approach. Attorneys and courts typically consider factors like the severity of your injuries, the impact on your daily life, and how long you’ll likely deal with the effects to calculate these damages.
What Are Punitive Damages in South Carolina?
Unlike compensatory damages, punitive damages do not compensate you for your losses. Instead, courts order defendants to pay these damages to punish them for conduct that was especially reckless or malicious and to deter others from behaving in similar ways in the future.
Punitive damages orders are rare. South Carolina courts will award these damages only if you can show that the defendant acted with willful, wanton, or reckless disregard for your safety. Conduct that may justify a punitive damages award includes drunk driving, intentional acts of violence, or grossly negligent or reckless behavior that shows a conscious indifference to the consequences.
What Scenarios May Warrant Punitive Damage Awards?
South Carolina courts reserve punitive damages for cases involving truly egregious conduct. The following are some examples of scenarios in which a court may find a punitive award appropriate:
- Drunk or drugged driving accidents
- Intentional assault or battery incidents
- Fraud or deliberate misrepresentation that leads to injury
- Knowing distribution of a dangerous or defective product
- Intentional exposure of workers to unsafe conditions despite known risks
- Road rage incidents involving deliberately aggressive driving
- Nursing home abuse or neglect involving conscious indifference to residents’ welfare
- Willful disregard of repeated warnings about serious property hazards
- Other forms of extreme recklessness or intentional misconduct
How Do the Burdens of Proof Differ for Compensatory and Punitive Damages?
Before a court awards you any damages, you must prove your case. The “burden of proof” describes how convincingly you must prove it. The level of proof differs for different types of damages claims.
For compensatory damages, you must prove your personal injury lawsuit by a “preponderance of the evidence,” meaning it’s more likely than not that the defendant is responsible for your losses.
Punitive damages carry a higher standard. South Carolina requires you to prove the defendant’s reckless or willful and wanton conduct by “clear and convincing evidence,” a more demanding threshold that reflects the serious nature of a punitive damages award.
Does South Carolina Cap Damage Awards?
South Carolina limits punitive damage awards in most cases. Under state law, punitive damage caps in South Carolina are usually three times compensatory damages awards or $500,000, whichever is greater. However, the law provides exceptions for defendants who acted with the intent to harm or who were under the influence of alcohol or drugs at the time of the incident, among other circumstances. South Carolina doesn’t cap compensatory damages in most personal injury cases, meaning courts can award the full value of your documented economic and non-economic losses without limits.
Will It Affect Your Compensation If You Are Partly Responsible?
Under South Carolina’s “modified comparative fault” rule, any responsibility on your part can directly affect your payout. If a court finds you partly at fault, it will reduce your damages award by your percentage of fault. For example, if the court assigns you 20 percent of the fault, it will reduce your payout by 20 percent.
The law provides a cut-off point. If the court finds you were 51 percent or more at fault, you cannot recover personal injury compensation in South Carolina at all. So, it’s important to work with a personal injury attorney who can push back against unfair accusations in your injury case.
Contact a South Carolina Personal Injury Lawyer Today
If you have questions about compensatory or punitive damages after an injury in South Carolina, Elrod Pope is here to help. We’ve spent over 45 years representing injured people across the state and have recovered more than $100 million in settlements and court awards on their behalf. Contact us today to arrange a free initial consultation and find out what your case may be worth.
