When you’re injured because of someone else’s negligence, the law allows you to seek compensation for your losses. But what if the person responsible didn’t just make a careless mistake, but acted recklessly or even intentionally?
That’s where punitive damages in personal injury cases come into play. Unlike regular compensation, punitive damages are meant to punish wrongdoers and send a strong message that reckless or malicious behavior won’t be tolerated.
In South Carolina personal injury cases, punitive damages aren’t awarded lightly. The law specifies certain thresholds and evidentiary standards that must be met for these damages to be awarded. But how do courts determine whether a case qualifies for punitive damages? Intent plays a crucial role. If someone deliberately causes harm, such as an assault or fraud case, punitive damages become much more likely.
If you have suffered a serious injury because of someone’s reckless or intentional misconduct, you may be entitled to more than just basic compensation. Our personal injury lawyers at Savage, Royall & Sheheen, LLC can help our clients receive compensation for their injuries and justice for the wrongful acts they have endured.
What Are Punitive Damages?
Punitive damages, sometimes called “exemplary damages,” go beyond reimbursing a victim for their losses. Instead, they are awarded to punish the wrongdoer and discourage similar misconduct in the future.
Unlike compensatory damages, which cover specific losses like medical bills or lost wages, punitive damages are awarded when someone’s actions are found to be especially reckless, intentional, or malicious.
For instance, if a company knowingly sells a dangerous product without warning its customers, or if a driver causes an accident while intoxicated and with a history of DUIs, these actions might warrant punitive damages because they show a disregard for the safety and well-being of others.
When Are Punitive Damages Awarded in South Carolina?
In South Carolina, punitive damages are not awarded in every personal injury case. Instead, they come into play when the defendant’s actions go beyond mere negligence. To qualify for punitive damages, the plaintiff must prove that the defendant’s behavior was:
- Willful: This implies an intentional action, undertaken with the knowledge that it would likely cause harm.
- Wanton: This involves a conscious act with reckless indifference to the consequences, especially when the safety of others is at stake.
- Reckless: This occurs when someone disregards a substantial risk, showing a significant departure from how a reasonable person would act in a similar situation.
To claim punitive damages in South Carolina, you must provide “clear and convincing evidence”—a higher standard of proof than is typical in most personal injury cases. This heightened requirement is in place to ensure that punitive damages are only awarded in cases where the defendant’s misconduct is clear and egregious.
Punitive Damages Limits Under South Carolina Law
South Carolina law limits (or “caps”) the punitive damages a victim can receive. The law in South Carolina (S.C. Code § 15-32-530) stipulates that punitive damages awarded in personal injury cases cannot exceed the greater of three times the amount of compensatory damages or $500,000.
However, there is an exception to this rule if the defendant’s harmful conduct was primarily driven by unreasonable financial gain. If the courts determine that the actions fall within these exceptions then the punitive damages must not exceed the greater of four times the amount of compensatory damages awarded or the sum of two million dollars.
How a Personal Injury Lawyer Can Help
Pursuing punitive damages is not easy. Insurance companies will fight hard to minimize payouts, and defendants rarely admit to reckless or intentional behavior. Here’s how a personal injury lawyer can help you with punitive damages in South Carolina:
Expertise in Identifying Potential for Punitive Damages
An experienced attorney knows how to identify the key elements of punitive damages in personal injury cases. They can discern whether the defendant’s actions meet South Carolina’s threshold for punitive damages, ensuring your case is framed effectively from the start.
Gathering Evidence
Personal injury lawyers are adept at collecting and presenting this evidence. This might involve deep dives into incident reports, eyewitness accounts, expert testimony, and past behavior patterns of the defendant that align with punitive damages in South Carolina law.
Negotiating With Insurers
Insurance companies often push back against claims for punitive damages because these can significantly increase their payout. Your lawyer will handle negotiations to ensure that the severity of the misconduct is not downplayed and that your claim includes a demand for punitive damages.
Advocating for Your Rights in Court
If a fair settlement isn’t possible, your lawyer is your advocate in court. They will show why punitive damages should be part of the compensation, drawing on legal precedents and current laws regarding punitive damages.
Contact Our Personal Injury Lawyer In South Carolina Today
Securing punitive damages in South Carolina is not automatic. Insurance companies and defendants will often do everything they can to avoid paying punitive damages. They may try to downplay the severity of their actions or argue that their behavior wasn’t reckless enough to warrant additional punishment. That’s why having an aggressive legal team on your side is critical. We know their tactics, and we’re prepared to challenge them every step of the way.
At Savage, Royall & Sheheen, LLP, we understand the impact a serious injury can have on your life, and we believe those responsible should be held accountable. Whether you were harmed by a reckless driver, a dangerous product, or an intentional act of harm, we will fight to prove the wrongdoing and pursue the maximum compensation possible—including punitive damages where applicable.
Contact our personal injury lawyer at 803-432-4391 for a free consultation.