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Hurt in an accident in South Carolina? You have the right to hold the responsible party liable for your damages, including medical bills, wage loss, and pain and suffering. In some cases, injured victims may also be able to recover additional compensation in the form of punitive damages. Here, our Lancaster personal injury lawyers provide a guide to punitive damages.
What are Punitive Damages?
As explained by the American Bar Association (ABA), punitive damages (exemplary damages) are a form of financial compensation that may be awarded to an injured victim in a civil claim to punish the egregious, grossly negligent conduct of the defendant. They exist to serve as a deterrent to prevent the defendant and others from committing similar acts in the future. Unlike compensatory damages—which are intended to make the plaintiff whole and are tied to actual damages suffered by the victims—punitive damages are calculated based on the severity of the wrongdoing and the defendant’s ability to pay.
Punitive Damages South Carolina (Personal Injury Claims)
Punitive damages can be awarded in a personal injury claim in South Carolina. While they are reserved only for a very limited, narrow subset of cases, state law allows courts to consider them when the defendant’s actions are found to be willful, wanton, reckless, or otherwise grossly negligent. Remember, the purpose of these damages is not merely to compensate the victim but also to punish the defendant and deter similar conduct in the future.
Understanding the South Carolina Punitive Damages Statute
Under South Carolina (South Carolina Code § 15-32-520), punitive damages are potentially awardable when deemed warranted by the court given the specific circumstances of the case. To seek punitive damages as part of a personal injury claim, the victim should:
- Specifically, submit a claim in the complaint; and
- Not try an amount of punitive damages, but merely state they are being sought.
As noted, punitive damages, when awarded, will vary based on several different factors. South Carolina law caps punitive damages at $500,000 or three times the victim’s compensatory damages, whichever figure is greater.
When Can You Recover Punitive Damages in South Carolina?
Punitive damages can, technically, be awarded in any type of personal injury claim in South Carolina.
They could be part of the compensation for a car crash, semi-truck accident, slip and fall claim, or wrongful death case. The key is proving the defendant’s gross negligence. Here are some specific examples of when punitive damages may be awarded:
- Drunk Driving Crash: If a driver causes an accident while intoxicated, punitive damages could potentially be awarded to punish the driver for their reckless disregard for the safety of others. Drunk driving is an act of gross negligence. The punitive damages serve both as a punishment to the individual driver and as a deterrent against similar behavior by others.
- Repeated Safety Failures By Trucking Company: A trucking company that consistently ignores safety regulations and has a history of accidents due to these failures may be liable for punitive damages. Most often this happens when the company’s management knowingly allows unsafe trucks on the road to maximize profits.
- Hospital Engaged in Extreme Malpractice: Punitive damages might be warranted in cases where a hospital engages in extreme malpractice, such as performing surgeries without patient consent or falsifying patient records to cover up errors. A gross deviation from accepted medical practices and a blatant disregard for patient welfare is serious.
- School Allowing Sexual Abuse to Go Unaddressed: In instances where a school fails to take action against known instances of sexual abuse within its premises, punitive damages can be awarded. The lack of action despite awareness can be seen as a gross neglect of the duty to protect students.
It is important to note that punitive damages are never guaranteed in any specific personal injury claim. The specific circumstances always matter. The court will determine if an award of punitive damages is appropriate given the defendant’s acts or omissions.
You Need Clear and Convincing Evidence to Prove Punitive Damages are Warranted
In a South Carolina personal injury claim, obtaining punitive damages can be challenging. A plaintiff must provide clear and convincing evidence that the defendant’s actions were more than just negligent—they were willful, malicious, or recklessly indifferent to the rights of others. The standard of proof is higher than the “preponderance of the evidence.” Clear and convincing evidence must be precise and explicit—and leave little room for doubts about the defendant’s gross negligence. A top-tier Lancaster personal injury lawyer can help you build a strong claim.
To Obtain and Maximize Punitive Damages, Other Damages Must Be Well-Documented
Your compensatory damages—which are tied to your actual economic and non-economic damages—will form the basis of any punitive damage award in South Carolina. As such, injured victims must ensure that their compensatory damages are carefully documented. Along with other types of losses, injured victims may be entitled to recover compensation for:
- Property loss;
- Emergency room care;
- Hospital bills;
- Rehabilitative treatment;
- Loss of wages;
- Diminished earnings;
- Pain and suffering;
- Long-term disability; and
- Wrongful death.
We Help Injured Victims in South Carolina Fight for Punitive Damages
Personal injury claims are complicated—especially if you are seeking punitive damages. Even after a catastrophic accident caused by gross negligence, defendants and insurance companies do not want to pay out punitive damages. At Schiller & Hamilton, we fight for justice and accountability. Our client testimonials and history of case results tell the story best. Your initial consultation is free and our firm only collects legal fees when you get paid.
Contact Our Lancaster Personal Injury Attorneys Today
At Schiller & Hamilton, our Lancaster personal injury lawyers are committed to fighting aggressively to protect your rights and your interests. If you have any questions about punitive damages in a personal injury claim, we are here to help. Contact us today for a free, no-obligation review and evaluation of your case.