When people file lawsuits, they may claim damages related to injuries, costs, and painful experiences. While many damages are intended to compensate plaintiffs for specific losses, others are awarded for an entirely different purpose. Punitive damages may be awarded in certain circumstances to punish defendants, but only under very specific circumstances.
You may sue for punitive damages in lots of different cases, but whether they are actually awarded is up to the jury. Keep in mind that punitive damages tend to be rare, and most injury cases will likely not involve punitive damages. However, if you want to sue for such damages, you must plead for them specifically in your initial complaint. If you do not, the court will not consider punitive damages at all. If you sue for punitive damages, the court may determine whether to award them and how much they are worth in a bifurcated hearing. If they are awarded, they may be subject to certain statutory caps.
Call Rice, Murtha & Psoras at (803) 219-4906 for a private case assessment free of charge to start your case with our Columbia, SC personal injury lawyers.
When A Plaintiff Can Sue for Punitive Damages in South Carolina
When a plaintiff files a lawsuit, they typically claim compensatory damages that account for the economic costs of their injuries and non-economic injuries, like pain and suffering. While these damages are common and pretty standard in a wide variety of cases, they are not the only ones available. Plaintiffs may sue for punitive damages, which are designed to punish defendants for especially bad behavior. However, punitive damages are rarely awarded.
While you can sue for punitive damages with the help of our South Carolina personal injury attorneys if you believe you are entitled to them, they are far from guaranteed. As explained in more detail below, punitive damages are unlike ordinary damages. They must be pled for specifically, and courts may determine whether they are available and how much they are worth in a bifurcated hearing. If and when punitive damages are awarded, they might be subject to certain limitations. However, even these limitations are flexible under the right circumstances.
How to Claim Punitive Damages in a South Carolina Lawsuit
According to S.C. Code Ann. § 15-32-510, plaintiffs must plead for punitive damages specifically. If you do not include specific claims for punitive damages in your complaint, the court cannot even consider them in your case. When you claim punitive damages, you cannot specify an amount. It is up to the jury what punitive damages are worth if awarded.
According to § 15-32-520(A)-(D), punitive damages are determined in a bifurcated hearing. This means the hearing is split into two stages, and the same jury must be present for both stages. During stage 1, the jury may determine liability for compensatory damages and the amount of compensatory damages to award the plaintiff. Punitive damages may only be considered if the jury awards compensatory or nominal damages. Evidence relevant only to punitive damages may not be admitted at this stage.
Also, the plaintiff must prove by “clear and convincing evidence” that their harm, injuries, and damages resulted from the defendant’s wanton, willful, or reckless conduct. This is a very high bar to meet, and punitive damages are often difficult to prove.
During stage 2, under § 15-32-520(E), the jury may consider whether the defendant is liable for punitive damages. If they determine that punitive damages are warranted, they must figure out how much they are worth. The jury may consider all relevant factors including, but not limited to, the defendant’s degree of culpability, the severity of harm, if and how the plaintiff contributed to their injuries and damages, how long the defendant’s conduct lasted, whether the defendant profited from their actions against the plaintiff, and more.
Statutory Caps on Punitive Damages in South Carolina
According to S.C. Code Ann. § 15-32-530(A), punitive damages may be limited based on the value of compensatory damages awarded to each claimant. Punitive damages may not be more than three times the value of compensatory damages, including economic and non-economic damages, or $500,000, whichever is more.
Under § 15-32-530(B), these limitations may not be disclosed to jurors before determining a punitive damages award. As such, their award might exceed these limits. If punitive damages are awarded in excess of these caps, the trial court must determine one of two factors.
First, the court must determine whether the defendant’s wrongful conduct was motivated mainly by financial profit and if the unreasonably dangerous nature of the conduct, combined with the high likelihood of injuries, was known or approved by the managing director, agent, officer, or someone else responsible for making decisions for the defendant.
Second, the court must determine if the defendant’s behavior could lead to a felony conviction and whether that behavior is the proximate cause of the plaintiff’s injuries and damages.
If the court determines either of these facts, the limits on punitive damages may be adjusted. In such a case, punitive damages may not exceed four times the value of compensatory damages awarded to each claimant or $2 million, whichever is more. If necessary, the court may reduce an excessive award to the maximum limit imposed by law.
According to § 15-32-530(C), the court may remove caps on punitive damages under certain circumstances if certain facts are determined. Limits may be removed if the defendant had the intent to harm and did, in fact, cause harm to the plaintiff.
Limits may be removed if the defendant pled guilty or was convicted of a felony stemming from the same conduct complained of by the plaintiff and that conduct is the proximate cause of the plaintiff’s injuries and damages.
Finally, the limits may be removed if the defendant acted or failed to act while under the influence of alcohol, controlled substances that were not prescribed, or other substances that might cause impairment (e.g., glue, aerosol, toxic vapors).
Contact Our South Carolina Personal Injury Attorneys to Talk About Your Claims
Call Rice, Murtha & Psoras at (803) 219-4906 for a private case assessment free of charge to start your case with our Spartanburg, SC personal injury lawyers.