Can I Pursue a Claim for Punitive Damages in South Carolina for Catastrophic Injuries in an Auto Accident?
If you have ever been involved in a car accident, you may have pursued damages for lost earnings, medical expenses, and pain and suffering. These damages are known as compensatory or the losses you sustained due to your accident.
However, if the other driver had a lack of disregard for your safety, you may also be able to pursue punitive damages. Punitive damages are designed to deter society from behavior by making an example of someone who caused you harm. Unfortunately, punitive damages are rarely awarded, even when the situation may warrant such damages.
In this blog, our Charleston car accident lawyers discuss in what circumstances punitive damages may be awarded.
What are Punitive Damages?
Whereas all damages are designed to make an injured party “whole” again, punitive damages deter society from certain behaviors. To be awarded punitive damages, the plaintiff must show that the defendant consciously disregarded the safety of others by acting indifferent to the consequences of his or her behavior.
As mentioned in the introduction, compensatory damages are actual losses you sustained as a direct result of your accident. Compensatory damages require that the plaintiff prove by a preponderance of the evidence (that is more likely than not true) that the defendant caused your injuries. On the other hand, punitive damages require a higher standard of proof, known as clear and convincing evidence. This standard of proof is a level below beyond a reasonable doubt. To meet this standard, a judge or jury must find evidence so persuasive that its truth is highly probable.
Statutory Cap
South Carolina law places a statutory cap on punitive damages in personal injury cases, which cannot exceed three times the amount of compensatory damages, or $500,000. This amount is adjusted annually for inflation.
However, according to SC Code §15-32-530 (B), the cap may be waived, and the plaintiff may recover four times the amount of compensatory damages, or $2 million, if the court finds any of the following apply:
- A defendant’s conduct was motivated by unreasonable financial gain.
- The person responsible for the defendant’s conduct was aware of the high likelihood of injury resulting from the unreasonably dangerous act and still approved of the conduct.
- The defendant’s conduct qualifies as a felony offense, and his or her actions are the legal cause of the plaintiff’s injuries.
Aggressive Representation Protecting Your Rights
Physically recovering from a crash that resulted in catastrophic injuries can take up every minute of your day, forcing you to undergo multiple surgeries and extensive physical therapy. As an accident victim, you deserve adequate compensation to pay for your medical bills and income during the time you are unable to work. At Mark C. Tanenbaum, P.A., our team of professionals is committed to helping injured parties recoup their losses to return to living their best lives. Our Charleston car accident attorneys will gather the necessary evidence and formulate the strongest case to help you achieve the best possible outcome.
Consult with Our Charleston Car Accident Lawyers Now
Even taking every precaution behind the wheel, it is possible to sustain severe injuries in a crash. At Mark C. Tanenbaum, P.A., we understand the anxiety and uncertainty that comes with being a catastrophic injury survivor. For over 40 years, our Charleston car accident lawyers have helped injured victims pursue every avenue to fight for just compensation and will fight adamantly for you. To learn how we can assist in your accident case or to schedule your free consultation, contact us online or by phone.