Personal injury victims in South Carolina are entitled to recover two forms of compensatory damages, plus, in some cases, punitive, or exemplary, damages. Let’s take a closer look at what each of these types of personal injury damages involves with the help of our Greenville personal injury lawyer.
First off, what exactly are “damages?”
The purpose of a personal injury lawsuit is to return the plaintiff (the victim) to the financial status they were in at the time of the incident. Clearly, a financial settlement can’t unbreak a bone or erase the trauma you suffered as are result of the accident, but it can help relieve the financial burdens you and your family have and give you a sense of justice and closure.
Economic damages in South Carolina personal injury claims
Economic damages refers to the material losses that personal injury plaintiffs suffer. This includes all out-of-pocket expenses you paid, plus future needs, like medical care to cover complications from your injuries.
Economic damages consist of:
- All past, present, and future medical bills, including medications, durable medical devices, and hospital stays
- Any modifications you need to make to your home or vehicle if you become disabled in the accident
- Lost wages from all time missed at work (even if you used your PTO to cover part of the time you missed)
- Travel time to the doctor or medical specialist
- Property damage (like repairing or replacing your vehicle)
This isn’t an exhaustive list, just the most common losses personal injury plaintiffs suffer. Any material losses stemming from an accident can be included in your economic damages.
Non-economic damages in South Carolina personal injury suits
Non-economic damages cover the intangible, yet still valuable, losses you experience as a result of the accident. You’re entitled to a fair amount for the pain and suffering of your injuries, the emotional trauma and mental anguish you experienced in the incident and may suffer afterward, and consideration for the overall impact the accident had on your life and relationships.
For example, you may be too badly injured to care for your family or provide the companionship and consortium (intimacy) you once did for your spouse. While money may not mend the relationship, compensation for these losses may help you and your partner afford therapy to address your relationship or give you the means to create new memories together.
Punitive damages and when they might apply in your personal injury case
Punitive damages, also called exemplary damages, are punishing in nature rather than compensatory. They may not be assessed in every personal injury claim, as they’re typically only assessed in cases where a judge and jury feel that the defendant’s actions were exceptionally negligent or reckless.
For example, punitive damages may be awarded in a personal injury suit against a drunk driver who injures someone to deter future similar conduct.
South Carolina also has a cap on punitive damages in some cases: The greater of three times the plaintiff’s economic damages, or $500,000.
Get the help you need today
Have you been injured by someone else’s negligence? The attorneys at Smith Jordan Law are ready to help you get the maximum compensation available in your case. Call us at (864) 343-2222 for a free consultation.
