Have you suffered a serious injury in South Carolina? Was someone else to blame for what happened? If so, they could owe you compensation for the harm you suffered because of their actions, such as compensation for your medical expenses, lost wages, and other harm. If the person hurt you deliberately or due to extremely negligent or reckless behavior, you can also demand that they pay you punitive damages. Here’s what that term means, what it takes to secure punitive damages in personal injury cases, and how a personal injury lawyer can serve as a critical ally.
What Are Punitive Damages?
Punitive damages are one of two primary damages that plaintiffs can receive in personal injury cases in South Carolina as a result of a defendant’s actions. The other type is compensatory damages. As the name suggests, compensatory damages compensate an injury victim for the specific harm they have suffered as a result of their injuries, including the following:
- Medical bills
- Lost income
- Property damage
- Pain and suffering
- Emotional anguish
Punitive damages, on the other hand, do not offset a loss. Instead, they punish a defendant for their particularly egregious behavior and serve to deter such behavior in the future. Unlike compensatory damages, punitive damages can be awarded only at trial. A settlement will not include money for punitive damages, as one of the purposes of a settlement is to indemnify the paying party from any fault.
In What Types of South Carolina Personal Injury Cases Can You Seek Punitive Damages?
Many types of personal injury cases in South Carolina can result in a punitive damages award. Here are a few hypothetical examples to illustrate the concept:
- Car accident — An intoxicated motorist speeds through a red light and collides with another vehicle, severely injuring the other driver. The drunk driver has a history of DUI convictions but has not stopped drinking before getting behind the wheel. In this case, a jury might award punitive damages to punish the drunk driver and deter similar behavior.
- Defective product — A company knowingly sells a line of space heaters with a dangerous electrical defect that can cause fires. Internal documents reveal the company was aware of the risk but, to save money, decided not to recall the product. A family injured in a fire caused by one of these heaters might receive punitive damages to punish the company for its disregard for the safety of consumers.
- Slip and fall — A grocery store manager knows the store’s ceiling leaks above a high-traffic area. To avoid the expense of repairs, the manager opts to leave the area unfixed and unmarked. A customer slips, breaks their hip, and sues. A jury might award punitive damages if witnesses and other evidence convince jurors that the manager and/or store should be punished, deterred from such egregious conduct, and jeopardizing customers’ safety.
What Is Necessary for an Award of Punitive Damages in a Personal Injury Case?
The South Carolina Noneconomic Damage Awards Act of 2005 lays out the state’s laws regarding punitive damages. Juries are not required to award punitive damages. Instead, the decision lies in the jury’s discretion.
Under the law, a party may be awarded punitive damages when a jury finds their injuries result from a defendant’s “willful, wanton, or reckless conduct.” Juries may take the following factors into account when determining the amount:
- Defendant’s degree of fault
- Severity of harm the defendant caused
- Degree to which the injured party’s actions led to their injuries
- How long the defendant’s conduct lasted, how aware they were of that conduct, and whether they attempted to conceal it
- Whether the defendant had a history of similar conduct in the past
- Whether the defendant stood to profit from their conduct
- Defendant’s ability to pay
- Likelihood that punitive damages will deter similar conduct.
Is There a Difference Between Punitive Damages and Pain and Suffering Damages?
While they might sound similar at first glance, punitive damages and pain and suffering damages serve different purposes. A court may award punitive damages to punish a defendant for especially egregious behavior and deter similar conduct in the future. The goal is not to compensate victims directly for their injuries or losses but to hold wrongdoers accountable for their misconduct.
Pain and suffering damages, on the other hand, are compensatory. They address the physical and emotional harm a victim suffers due to their injuries. These damages are awarded based on the impact of the injuries on the victim’s quality of life, including their physical pain, emotional distress, and ongoing trauma or limitations.
As with punitive damages, juries have broad discretion to weigh the evidence and award an amount they think is fair, given the victim’s pain and suffering. However, unlike punitive damages, pain and suffering damages are not capped in South Carolina, except in the case of medical malpractice.
Does South Carolina Have Caps on Punitive Damage Awards?
South Carolina law caps punitive damages awarded in a personal injury lawsuit at three times the compensatory damages amount or $500,000, whichever is greater. The court does not tell the jury about the cap, and it may affirm a punitive damages award higher than the cap if:
- The conduct in question was motivated primarily by an unreasonable desire for financial gain. It was encouraged by the defendant’s manager, director, or supervisor, who was responsible for setting such policies.
- The conduct that led to the injury could result in the defendant being charged with a felony.
If the court determines that either of the above conditions has been met, the cap increases to four times the value of compensatory damages.
What Is the Statute of Limitations in South Carolina for a Personal Injury Claim?
South Carolina allows three years from suffering a personal injury to bring a case against any at-fault parties. If you attempt to file your claim after this deadline, the defendant can move to dismiss the personal injury claim as untimely. Don’t put your rights at risk. Instead, contact a personal injury lawyer in South Carolina immediately.
Our South Carolina Personal Injury Attorneys Are Ready to Help You
If someone else’s awful behavior harmed you or a loved one, the experienced personal injury lawyers of McKinney, Tucker & Lemel, LLC, want to help you seek the compensation you deserve, including punitive damages supported by the facts. Contact us today for a free consultation and learn about our history of helping people in York and Lancaster since 1977 and our dedication to providing excellent client service.
