South Carolina’s Punitive Damages

After suffering injuries in a South Carolina accident due to the negligence of another party, you may be eligible to file a personal injury claim and recover damages. Most South Carolina personal injury claims involve recovering economic damages such as medical expenses, property repair costs, lost wages, and non-economic damages such as emotional distress and pain and suffering. These two types of damages are called compensatory damages. Compensatory damages, also called actual damages, compensate a victim for the actual losses suffered due to the defendant’s actions. Compensatory damages are meant to “restore” the claimant to the position they were in before the harm occurred. Punitive damages can also be awarded under certain circumstances in a South Carolina personal injury claim. This article discusses the conditions under which punitive damages can be awarded and the caps on punitive damages in South Carolina.

Conditions for Awarding Punitive Damages in South Carolina

Punitive damages are meant to punish the defendant. This differs from compensatory damages, which compensate the plaintiff for the harm suffered. Punitive damages are meant to prevent the defendant and others from engaging in the same behavior in the future. Since personal injury cases are primarily about compensation, punitive damages are rarely awarded.

So, when are punitive damages awarded in South Carolina? Under South Carolina Code Section 15-32-520, punitive damages can only be awarded when the claimant proves by clear and convincing evidence that their harm resulted from the defendant’s willful, wanton, or reckless conduct. Willful, wanton, or reckless conduct involves acting with a conscious disregard for the safety and rights of others. It is more than ordinary negligence and indicates a higher degree of fault.

An example of a case for which punitive damages may be awarded is a drunk driving accident case. When a driver gets intoxicated and then gets behind the wheel, they knowingly engage in behavior that is likely to cause harm. This conduct shows a blatant disregard for the safety and rights of other road users. In such a case, punitive damages may be awarded to punish the drunk driver and prevent them and other drivers from engaging in similar behavior in the future.

Contact a Charleston Personal Injury Lawyer

If you’ve suffered harm due to the negligence of another party, it is advisable that you don’t seek compensation without the help of an experienced personal injury lawyer. Our qualified Charleston personal injury lawyer at the Gus Anastopoulo Law Firm can help you recover the compensation you deserve. Contact us today to schedule a consultation.