When you suffer an injury in South Carolina because of another person’s negligence, you can file a claim seeking compensation. These claims often cover direct financial costs, like medical bills or lost income. However, not all losses come with a bill or receipt. Non-economic damages address the more personal ways your injury has affected your life, such as pain, emotional distress, or losing the ability to enjoy certain activities.
Below is an overview of non-economic damages in South Carolina, why they matter, and how the law handles them. Understanding these damages can help you better navigate the legal process if you decide to pursue a personal injury claim.
What Are Non-Economic Damages?
Non-economic damages compensate you for intangible losses that don’t have a simple price tag. They are different from economic damages, which reimburse expenses like hospital fees or property repairs. Non-economic damages are meant to cover the mental, emotional, and personal burdens that an injury can create.
These harms can be just as real as financial costs. A serious injury might limit your mobility, keep you away from your favorite activities, or cause ongoing anxiety. Non-economic damages recognize that these struggles deserve attention under the law.
Examples of Non-Economic Damages
Non-economic damages can address many types of intangible harm. Below are some examples that often appear in South Carolina personal injury cases:
- Pain and Suffering: This involves the physical pain you endure as a result of your injury.
- Emotional Distress: Accidents may lead to anxiety, depression, or other mental health challenges.
- Loss of Enjoyment of Life: When an injury stops you from doing activities you once loved, you may be entitled to damages for that loss.
- Disfigurement and Scarring: Visible changes to your appearance can create lasting social or emotional difficulties.
Each of these can seriously impact daily life. While no sum of money can fully reverse them, non-economic damages are meant to provide some relief.
How Non-Economic Damages Differ From Economic Damages
Non-economic damages focus on subjective losses without a direct financial figure attached. Economic damages, in contrast, reimburse you for objective costs with clear invoices or receipts.
You might have hospital bills that show exactly how much you owe for surgery or medication. Those expenses fall under economic damages. However, if you also have nightmares or chronic pain after your accident, that’s harder to measure. Non-economic damages help cover these personal impacts, even though they can’t be easily itemized like a bill.
Calculating Non-Economic Damages in South Carolina
Two commonly used methods are the multiplier and per diem methods. The multiplier method involves assigning a number (usually between 1.5 and 5) to your non-economic damages and then multiplying that number by your economic damages amount. The per diem method entails assigning a daily amount to your non-economic damages and then multiplying that amount by the number of days you will experience the effects of your accident.
Here are some factors that can shape how non-economic damages are calculated:
- How serious your injuries are
- Whether your injuries are temporary or permanent
- How much the injury disrupts daily life or your ability to work
- The level of emotional distress or psychological trauma
- Whether you can fully heal or if you’ll have lasting limitations
Evaluating these factors can help determine an amount that feels fair for what you’ve endured. While this process can be subjective, thorough documentation and strong legal advocacy can help.
Are There Limits on Non-Economic Damages in South Carolina?
South Carolina law does not set a general cap on non-economic damages for most personal injury cases, like those based on car accidents. This means that, for many claims, there is no strict upper limit on how much you can seek for pain, emotional distress, or other intangible losses.
However, certain cases do have specific caps or limits. For example, if your claim involves medical malpractice, there might be caps on particular categories of damages. Cases against government entities can also have special rules or ceilings on payouts.
You should review your case details with a lawyer to find out whether any state law caps apply. Every case is unique, so it’s important to get accurate guidance based on your situation. That way, you don’t miss out on the compensation you’re rightfully owed.
Contact a Charleston Personal Injury Attorney for a Free Case Review
If you have been hurt because of someone else’s negligence, it’s wise to seek advice on how to recover all types of damages, including non-economic ones. Speaking with a Charleston personal injury attorney is a great first step. At Ty Robinson Personal Injury Lawyers we offer a free initial consultation at (843) 278-2222 where you can learn about your options and how to move forward.
By getting professional guidance, you’ll have a better chance of capturing the full scope of your losses, both monetary and personal.
