Recovering Damages in a Personal Injury Case in South Carolina
Compensation for Damages Following a Personal Injury
Personal injury cases can be complex and overwhelming, especially when you are dealing with injuries and trying to recover. If you have been injured in an accident due to someone else's negligence, you may be entitled to compensation for damages. In South Carolina, there are various types of damages you can recover in a personal injury case, and the Shelton Law Firm is here to help you navigate the legal process to get the compensation you deserve.
Economic Damages From Personal Injury
Economic damages refer to the tangible financial losses you have suffered as a result of your injury. These damages are often easily quantifiable and include medical expenses, lost wages, property damage, and any other out-of-pocket expenses incurred due to the accident.
Medical expenses can quickly add up and become a burden on the injured party. Recoverable medical expenses include hospital bills, doctor visits, prescription medication, physical therapy, and any other necessary medical treatment.
Lost wages are another form of economic damage that is recoverable. If you are unable to work due to your injury, you can recover compensation for the income you would have earned during that time. This includes future earning capacity if you are unable to return to work in the future.
Non-Economic Damages From Personal Injury
Non-economic damages refer to intangible losses that are not easily quantifiable. These damages include pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium.
Pain and suffering refers to the physical and emotional pain and suffering you have endured as a result of your injury. Emotional distress refers to the psychological impact the accident has had on you, such as anxiety, depression, or post-traumatic stress disorder (PTSD). Loss of enjoyment of life refers to the inability to participate in activities you previously enjoyed due to your injury, such as hobbies or social activities. Loss of consortium refers to the impact the injury has had on your relationship with your spouse.
Punitive Damages From Personal Injury
Damages that can be recovered can vary depending on the circumstances of the case. One type of damages that may be available in certain cases are punitive damages. Punitive damages are designed to punish the defendant for their behavior and to deter others from engaging in similar conduct.
In South Carolina, punitive damages are only available in cases where the defendant's conduct was willful, wanton, or reckless. Willful conduct refers to intentional actions taken by the defendant, while wanton conduct refers to reckless behavior that demonstrates a conscious disregard for the safety of others. Reckless conduct refers to behavior that involves a high degree of risk and shows a conscious disregard for the safety of others.
To recover punitive damages in a personal injury case in South Carolina, the plaintiff must prove by clear and convincing evidence that the defendant's conduct meets the criteria for awarding punitive damages. This is a higher burden of proof than the standard of preponderance of the evidence, which is used to establish liability in most personal injury cases.
How much money can you get for punitive damages?
The amount of punitive damages that can be recovered in a personal injury case in South Carolina is dependent upon certain factors and subject to certain limitations. The following are some of the factors that South Carolina courts consider in determining whether punitive damages are appropriate and the amount to be awarded:
the character of the defendant’s acts;
the nature and extent of the harm to plaintiff which defendant caused or intended to cause;
defendant’s degree of culpability;
the punishment that should be imposed;
duration of the conduct;
defendant’s awareness or concealment;
the existence of similar past conduct;
likelihood the award will deter the defendant or others from like conduct;
whether the award is reasonably related to the harm likely to result from such conduct; and
defendant’s wealth or ability to pay.
Further, in 2005 the South Carolina legislature created certain caps to punitive damages by enacting S.C. Code Section 15-32-530, which generally limited the amount that could be claimed as punitive damages to three times actual damages. However, in cases where the wrongdoer intended to harm the victim, used alcohol, drugs at the time of the act that caused the injury, or was convicted of a felony for the act that caused the injury, there is no limit to punitive damages. Under South Carolina law, punitive damages are always at issue when the wrongdoer violated a statute (such as failing to yield to a stop sign or stop light, for example) and that violation caused the victim injury and damages.
In addition to punitive damages, plaintiffs in personal injury cases in South Carolina may also be able to recover compensatory damages, which are designed to compensate the plaintiff for their losses. Compensatory damages can include economic damages, such as medical expenses and lost wages, as well as non-economic damages, such as pain and suffering.
Let Shelton Law Firm help you through the legal process of a personal injury claim.
If you have been injured in an accident, the Shelton Law Firm is here to help you get the compensation you deserve. Our experienced attorneys will review your case, gather evidence, and work tirelessly to ensure you get the maximum compensation available for your damages. We understand that every case is unique and will work with you to understand your specific needs and goals. Our attorneys have a proven track record of success in personal injury cases and will fight for your rights every step of the way.
Don't wait to get the legal help you need. Call 843.802.0087 to schedule a consultation with an experienced personal injury attorney.