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Is There a Cap on the Amount of Compensation I Can Receive for Catastrophic Injuries in Charleston?

A catastrophic injury can happen while playing a sport, if you are involved in an automobile accident, or due to a surgical error. It is defined as any type of injury that causes permanent functional disability. No matter the circumstances, a catastrophic injury can result in lost wages, medical bills, and pain and suffering. This can impede your ability to live a quality life, all the while placing you in financial hardship.

If you have suffered injuries that inhibit you from taking care of yourself, our Charleston catastrophic injury lawyers are here to fight for the compensation you desperately need.

What is a Catastrophic Injury?

A catastrophic injury is any severe injury that impairs an individual’s ability to function. The injury is often permanent, requiring multiple surgeries and procedures to help the person manage their condition. A catastrophic injury can affect your physical, cognitive, and emotional health, requiring ongoing care to manage long-lasting symptoms.

Damages for Catastrophic Injuries

Compensatory Damages

In a personal injury lawsuit, a claimant may be entitled to economic, noneconomic, and/or punitive damages. Economic damages are those losses that cause a direct financial impact on a victim, including lost wages, medical expenses, and property damage.

In contrast, noneconomic damages are non-pecuniary losses that impact a person’s quality of life but are not easily quantifiable. Often, noneconomic damages are known as pain and suffering damages but can also include mental anguish, infliction of emotional distress, and loss of companionship and society, to name a few.

Calculating noneconomic damages is no easy task, so you will want to confer with a Charleston catastrophic injury lawyer to ensure that you are requesting the compensation that you deserve.

Punitive Damages

While economic and noneconomic damages compensate a victim for actual losses (which is why they are known as compensatory damages), punitive damages are designed to punish the wrongdoer. Although rare, punitive damages may be awarded if the defendant acted with gross negligence or reckless disregard for your safety.

Compensation for Catastrophic Injuries versus Personal Injuries

Given the severity of a catastrophic injury, a victim will often have extensive medical bills, resulting in greater compensation than the average personal injury suit. Since the impairment is usually permanent, future medical expenses must also be taken into consideration. Catastrophic injuries are typically accompanied by prolonged physical pain and emotional turmoil, resulting in a substantial increase in noneconomic damages as well.

Damage Caps

While there is no damage cap for economic damages in a personal injury suit, South Carolina does place a limitation on medical malpractice cases. Each year, the damage caps are adjusted to account for inflation. As of 2024, the damage cap against a single, for-profit healthcare provider is $564,168, with a total cap of $1,692,503 per claimant.

There is also a limit on punitive damages in South Carolina personal injury cases. A plaintiff cannot recover more than three times the amount of compensatory damages, or $699,761 (as of 2024).

Aggressive Representation from a Charleston Catastrophic Injury Lawyer

If you have been in an accident causing you permanent disabilities, our Charleston catastrophic injury lawyers are ready to assist you. For over four decades, our personal injury lawyers have helped countless clients recover just compensation, giving them the resources they need to heal. To learn how we can help you, contact us online or by phone to schedule your free consultation.