If you were hurt in an accident in Charleston, South Carolina, you may be entitled to compensation for your damages. Typically, this would include medical bills, lost wages, and pain and suffering. However, a special type of damages called punitive damages is sometimes available in personal injury cases. Contact the Charleston personal injury attorneys today to evaluate your case.
Punitive damages are not very common, although they can be significant when available. Keep reading below to learn more about what punitive damages are and when you may be able to get them.
What Are Damages in Personal Injury Cases?
When you file a personal injury claim, the goal of the civil justice system is to make the victim whole again. Said another way, the victim has a right to be returned to the position they were in prior to the accident.
Although some victims may never physically be the same because of their injuries, financial compensation is the method by which victims are made whole again. The losses suffered by the victim – whether financial, physical, or emotional – are considered damages.
What Are The Different Types of Damages
South Carolina law entitles injury victims to a few different types of damages. These may apply to car accidents, slip and fall accidents, and other types of accidents. The types of damages available in personal injury cases are:
Economic Damages
Economic damages compensate the victim for the financial losses they suffered as a result of their accident. These types of compensatory damages are generally easy to value. Putting a specific dollar figure on these damages can be done by reviewing receipts, bills, invoices, bank statements, or other documentation. Some common examples of economic damages that may be present in personal injury cases include:
- Current and future medical bills
- Current and future lost wages
- Property damage
- Physical therapy
- Rehabilitation expenses
- Home health care
- Medical devices or equipment
- Travel expenses for medical treatment
In cases that involve wrongful death, economic damages may also include funeral and burial expenses.
Non-Economic Damages
Non-economic damages are more intangible and compensate the victim for their physical and emotional trauma. These damages are more subjective, so they are more difficult to value. Some common examples of non-economic damages include:
- Pain and suffering
- Emotional distress
- Loss of consortium
- Depression
- Anxiety
- PTSD
- Loss of quality of life
Putting a financial value on these damages can be tough. Similar injuries may affect one victim very differently from how another victim is affected, so these damages must be evaluated based on the specific facts of your case. A common method used to determine the value of non-economic damages is known as the multiplier method.
Using this method, a multiplier from 1 to 5 is assigned to your case based on the nature and severity of your injuries. To obtain an estimated value of your non-economic damages, you would multiply your economic damages by this multiplier. Although this is not a hard and fast rule, it can provide a good starting point for negotiations.
Punitive Damages
While economic and non-economic damages are considered compensatory, punitive damages are not. They do not compensate the victim for any losses they suffered. Instead, these damages are intended to punish the wrongdoer for their behavior.
Punitive damages are used to deter similar types of behavior in the future. These damages are not available in all personal injury cases. Rather, they are only available when the wrongdoer’s conduct is malicious or extremely careless.
When Are Punitive Damages Available in South Carolina?
South Carolina law explicitly states when punitive damages may be available. According to the law, punitive damages are available only when “the plaintiff proves by clear and convincing evidence that his harm was the result of the defendant’s wilful, wanton, or reckless conduct.”
Note that the standard for awarding punitive damages goes above and beyond simple negligence. Mere carelessness will not be enough to warrant the award of punitive damages. However, when the wrongdoer acts with malice or engages in grossly negligent behavior, punitive damages may be appropriate.
How Are Punitive Damages Calculated?
South Carolina statutes also list many factors that may be considered when determining the amount of punitive damages that may be appropriate. Some of those factors include:
- Whether the defendant has engaged in similar conduct in the past
- The severity of the harm caused by the behavior
- The likelihood that the punitive damages will deter the behavior
- Whether the defendant profited from the conduct
- Whether criminal penalties were imposed because of the conduct
In most cases, punitive damages may not exceed the greater of three times the value of compensatory damages or $500,000. However, there are some instances when punitive damages may be awarded with no cap on their amount.
Typically, a jury would decide on the amount of punitive damages that should be awarded. The jury would not be made aware that limits may apply to the award. The trial court would then review the award amount and apply any limits imposed by the law.
Contact a South Carolina Personal Injury Lawyer For Help With Punitive Damages
If you believe you may be entitled to punitive damages, contact our law firm Ty Robinson Personal Injury & Car Accident Law Firm today at (843) 278-2222. We can help you determine whether punitive damages may be appropriate in your case, and we can also help you gather the necessary evidence to prove your claim. Reach out today to schedule your free consultation.
