In a personal injury lawsuit, the plaintiff’s damages are of the utmost concern to both the plaintiff and defendant. In especially severe cases with significant injuries, damages have been known to be very high. Even so, damages are not always unlimited, and you might bump up against caps. Sometimes, damages are capped by statutes. Other times, they are not technically capped but cannot be unreasonably high.
Certain types of damages in South Carolina are capped by law, while others are not. Regarding compensatory damages, economic damages are technically not limited by law, while non-economic damages may be capped in certain types of cases, like medical malpractice. If punitive damages are available, they may also be capped, but they are limited based on the overall value of compensatory damages. If you are awarded damages that exceed these limits, the judge may intervene and reduce them to something more reasonable.
Receive a private review of your claims for no charge by calling our Charleston, SC personal injury lawyers at Rice, Murtha & Psoras at (803) 219-4906.
What Are Damage Caps in South Carolina Personal Injury Cases?
In a personal injury case, plaintiffs may claim certain damages related to injuries, costs, and painful experiences they endured as a direct result of the defendant’s negligence. In many cases, damages are quite substantial. For example, someone badly injured in a serious car accident might claim significant damages for medical bills, the loss of their vehicle, and traumatic pain and suffering. While damages may be quite high, they are not without limitations. Some damages are capped as a matter of law.
Damage caps prevent plaintiffs from recovering damages beyond a specific amount or value. Sometimes, these caps specify an actual dollar amount. For example, a particular statute might say that certain damages may not exceed $100,000. Alternatively, other damage caps are based on the value of other damages. In some states, non-economic damages may not exceed 2 or 3 times the value of economic damages. While there is no specific limit, you are limited based on the value of specific monetary losses.
Discussing damages with your lawyer is important, as not all damages are capped. You need to know what kind of limits you face so that you and your lawyer can maximize your compensation.
Caps on Compensatory Damages in South Carolina Personal Injury Claims
When preparing your personal injury case, you and your attorney should thoroughly comb through all your losses, costs, injuries, experiences, and anything else that might be claimed as part of your damages. While we should try to maximize your damages so you get the most compensation possible, our Columbia, SC personal injury lawyers also need to prepare for caps on these damages that might limit your claims.
Economic Damages
Economic damages are related to the actual monetary costs of your accident and injuries. For example, you might claim step medical bills and the cost to replace damaged property and personal belongings. If you had to take time away from your job or even quit your job because of your injuries, you can claim the value of your lost income. It is important to note that economic damages are not statutorily capped. However, they are not exactly unlimited.
While your economic losses are not limited by statute, they are limited to the actual expenses you can prove. For example, if your medical bills cost $10,000, you may only claim $10,000. The fact that they could have cost more at a different hospital means nothing. The same goes for other economic damages. If you lost your wedding ring in an accident and it was only worth $100, you cannot claim more because of its sentimental importance.
Non-Economic Damages
Generally, non-economic damages in personal injury claims are not capped by statute. However, non-economic damages in medical malpractice claims, which may fall under the umbrella of personal injury cases, are capped. If you are suing a doctor, hospital, or both, your non-economic damages for things like pain and suffering are limited.
According to S.C. Code Ann. § 15-32-220(a), if you are suing a single healthcare provider for non-economic damages related to medical malpractice, those damages are capped at $350,000 per claimant. Under subsection (B) of the same law, non-economic damages against a single healthcare institution (i.e., the hospital) are also capped at $350,000. Under subsection (C), non-economic damages against multiple healthcare institutions and providers are limited to $350,000 per provider and $1,050,000 for all providers and institutions.
Punitive Damages Caps in Personal Injury Cases in South Carolina
Punitive damages are awarded to punish defendants for extremely bad or shocking behavior toward the plaintiff. Ordinary negligence is insufficient to justify punitive damages, and the defendant must have done something very outrageous to cause the accident. As such, these damages tend to be rare. However, when they are awarded, they are capped.
According to S.C. Code Ann. § 15-32-530(a), punitive damages are limited to triple the value of compensatory damages or $500,000, whichever is greater. If your compensatory damages – consisting of economic and non-economic damages – are worth $250,000, your punitive damages are capped at $750,000.
What Happens if Damages in a South Carolina Personal Injury Case Exceed the Cap?
If the judgment is too far out of line with what is reasonable, the defendant may raise the issue with the court, and the judge may reduce the damages award. Remember, even if there are no statutory caps or limits on certain damages, they must be in line with the facts of the case. In short, plaintiffs cannot take home giant damages awards for minor injuries just because a jury said so.
The size of an award for damages is sometimes out of the plaintiff’s control. Even if you want reasonable and fair compensation, the jury might have its own idea of how to serve justice. If the defendant is especially unsympathetic, they might award super high damages to punish them. Unless punitive damages are on the table, this is not allowed, and excessive damages awards can be reduced to be more appropriate to the case.
Get Help From Our South Carolina Personal Injury Attorneys
Receive a private review of your claims for no charge by calling our Greer, SC personal injury lawyers at Rice, Murtha & Psoras at (803) 219-4906.