Following a serious accident in South Carolina, you have the right to seek compensation for the full extent of your damages, including non-economic losses. A personal injury settlement is, for the most part, designed to be “compensatory” in nature.
That means your compensation will be linked to your actual damages. There is an exception: In some limited cases, injured victims in South Carolina may be entitled to recover punitive damages. Here, our Moncks Corner personal injury attorney provides a guide to punitive damages and auto accident cases in South Carolina.
What are Punitive Damages in South Carolina?
The Legal Information Institute explains that “punitive damages are considered punishment and are typically awarded at the court’s discretion when the defendant’s behavior is found to be especially harmful.” In other words, these damages are monetary awards intended to punish a defendant for particularly reckless, malicious, or intentional misconduct. Unlike compensatory damages—which exist to reimburse the victim for their actual damages (economic or noneconomic)—punitive damages serve to deter similar wrongful behavior in the future.
Know the South Carolina Punitive Damages Statute
Punitive damages can be awarded in a personal injury claim or a wrongful death claim in South Carolina. These losses are governed by the South Carolina Noneconomic Damage Awards Act of 2005. Under state law (South Carolina Section 15-32-510), “claims for punitive damages must be prayed for in the complaint.” However, “the amount shall not be specifically pleaded.” Here are key points that injured victims should understand about our state’s punitive damages law:
- No Guaranteed: Punitive damages are by no means guaranteed. In fact, they are only awarded in a limited number of personal injury claims in South Carolina. That you suffered a very serious injury does not mean that you will necessarily qualify for punitive damages. You can only get punitive damages when certain standards are satisfied.
- A Cap On Punitive Damages: Punitive damages in South Carolina cannot exceed three times the amount of compensatory damages or $500,000, whichever is greater. In other words, with most cases, South Carolina law will limit the total amount of punitive compensation that can be awarded by a judge or a jury.
- Cap May Be Set Aside (Certain Cases): There are certain cases—such as DUI crashes—in which punitive damages may be set aside. Punitive damages may also be uncapped as a matter of South Carolina law if the defendant committed a felony that contributed to the victim’s injuries.
- Gross Negligence Must Be Established: In South Carolina, the injured victim must prove the defendant’s conduct was more than mere negligence. Gross negligence is required. Gross negligence is defined as extreme recklessness. How do you prove gross negligence? It depends on the specific circumstances of the case. Every serious accident in South Carolina should be thoroughly investigated by an experienced attorney.
- The Burden of Proof is On the Victim: The injured victim must prove that they are entitled to receive punitive damages under South Carolina law. Notably, clear and convincing evidence is necessary to justify awarding punitive damages. Put another way; you will need to prove that you were harmed by the defendant’s grossly negligent conduct with clear and convincing evidence.
Four Myths About Punitive Damages in South Carolina
There are many myths and misconceptions about punitive damages and personal injury claims in South Carolina. It is imperative that victims and families know their rights under the law. At West Law Firm, P.A., our personal injury team wants to ensure that you have the knowledge and resources you need. Here are four of the most common myths about how punitive damages work:
Myth #1: Punitive Damages are Awarded in Every Personal Injury Case in South Carolina
False. Too many injured victims assume that punitive damages are automatically awarded whenever a defendant is found liable. This is absolutely not the case in South Carolina. Punitive damages are only granted in cases where the defendant’s actions were particularly egregious, reckless, or malicious. South Carolina law requires clear and convincing evidence of conduct that goes beyond negligence. For example, a drunk driver who causes a crash may be liable for punitive damages.
Myth #2: Punitive Damages are Unlimited for Personal Injury Claims in South Carolina
Another common myth is that some people believe that punitive damages have no cap. This is false in our state. In reality, South Carolina law generally limits punitive damages to three times the amount of compensatory damages or $500,000, whichever is greater. However, there are exceptions for cases involving intentional harm or felonious acts like drunk driving.
Myth #3: Punitive Damages are Relatively Easy to Prove After a Bad Accident
False. Proving a claim for punitive damages requires more than showing the defendant acted negligently. Negligence can help you prove liability to get compensation for your actual damages.
That is a very important step. However, it is not enough to qualify for punitive damages. South Carolina law sets a higher standard: clear and convincing evidence of reckless disregard or intentional harm. Injured victims must be prepared to present compelling evidence.
Myth #4: Punitive Damages are Not Related at All to My Actual Damages
False. While punitive damages are distinct from your compensatory damages—meaning they are not tied directly to your actual losses—that does not mean that punitive damages are wholly unrelated to your actual damages. Quite the contrary, if punitive damages are awarded, they will often be based, at least in part, on your actual damages. For this reason, it is crucial that you carefully document all of your damages, including medical bills, lost wages, and pain and suffering.
How Our South Carolina Personal Injury Lawyer Can Help
South Carolina personal injury law is complicated—particularly so in cases involving a claim for punitive damages. At West Law Firm, P.A., we are committed to helping injured victims secure the absolute maximum available financial compensation—including any punitive damages that may be available. Our case results show what we can do for victims and their families. You do not have to take on a personal injury claim alone. Our firm will take proactive measures to help you get the best possible outcome in your case. Initial consultations are always free and fully confidential.
Contact Moncks Corner Personal Injury Lawyer Today for a Free Case Review
At West Law Firm, P.A., our Moncks Corner personal injury attorney is proud to put victims and families first. If you have questions about punitive damages, we are here as a legal resource. It is our mission to help injured victims get justice and the maximum compensation, including punitive damages. Contact us right away for a no-cost, no-obligation case review.
With a legal office in Moncks Corner, we handle personal injury cases in Berkeley County and throughout South Carolina.