Key Takeaways
- Economic damages repay measurable losses such as medical bills and lost wages, whereas non-economic damages address pain, stress, and lost quality of life.
- South Carolina sets no general cap on compensation in most injury cases, although limits apply to claims against government agencies and to some medical malpractice cases.
- Punitive damages require clear and convincing proof of serious misconduct, and state law usually limits the amount.
Experienced Columbia personal injury lawyers help injured people recover economic damages, non-economic damages, and, in some cases, punitive damages. Economic damages cover bills and lost income, whereas non-economic damages address pain and lost quality of life. South Carolina caps few personal injury awards, although limits apply to government claims, medical malpractice, and punitive damages. Careful documentation of every loss, from the first hospital visit through long-term care, gives a claim its full value.
What Are Economic Damages in a South Carolina Injury Claim?
Economic damages repay losses that come with a receipt or pay stub, such as medical bills, lost wages, and vehicle repairs. They also include future costs, such as therapy or reduced earning ability. Those bills add up statewide, as the South Carolina Department of Public Safety reported 51,638 traffic injuries in 2023. Closer to home for local residents, a car accident on I-26 might mean surgery at Prisma Health Richland Hospital and months of missed work.
What Are Non-economic Damages Such as Pain and Suffering?
Non-economic damages compensate for harm that has no price tag, such as physical pain, anxiety, sleepless nights, and missing favorite activities. A spouse may also seek damages for lost companionship, known in South Carolina as loss of consortium. Because no bill proves these harms, juries rely on medical records, personal journals, and testimony from family and friends to set a fair amount.
Are There Caps on Damages in South Carolina Personal Injury Cases?
South Carolina does not cap economic or non-economic damages in most personal injury cases, including typical car crashes and truck accidents. Exceptions exist, however. A claim involving a government vehicle, such as a City of Columbia sanitation truck, is subject to the South Carolina Tort Claims Act, which limits recovery to $300,000 per person. Medical malpractice cases also carry a cap on non-economic damages, which adjusts each year for inflation.
When Are Punitive Damages Available?
Punitive damages are additional money a jury may award to an injured person to punish the wrongdoer. This happens only when clear and convincing evidence shows willful, wanton, or reckless behavior by a defendant. South Carolina usually limits these awards to three times the other damages or $500,000, whichever is greater, although impaired driving can remove the cap.
How Personal Injury Attorneys in Columbia, SC, Document Your Full Losses
A Columbia, SC, personal injury attorney documents full losses by gathering medical records, billing statements, pay stubs, and tax returns. Doctors and economists may estimate future medical needs and income loss, while photos and daily journals show how injuries changed everyday life. Together, this evidence supports a demand letter and, if needed, a lawsuit filed in the Richland County Court of Common Pleas.
Frequently Asked Questions
Can someone recover damages if they were partly at fault?
Yes, South Carolina allows recovery when a person’s share of fault is 50% or less, although the award shrinks by that percentage.
How long does someone have to file a personal injury lawsuit in South Carolina?
South Carolina generally allows three years from the date of injury, although claims against government agencies usually have a two-year deadline. Speaking with a personal injury attorney in Columbia, SC, early can help you avoid missed deadlines.
Do personal injury attorneys charge upfront fees?
Many personal injury attorneys work on contingency, which means the fee comes from the recovery rather than the client’s pocket.
Columbia Personal Injury Lawyers at Rogers, Patrick, Westbrook & Brickman LLC Can Fight for Every Dollar Your Injuries Deserve
To discover what your case could be worth, contact the Columbia personal injury lawyers at Rogers, Patrick, Westbrook & Brickman LLC. Our trusted legal team will be your advocate and fight for full compensation. Call us at 843-727-6500 or complete the online form to schedule a free case evaluation. We have offices in Charleston, Mt. Pleasant, Aiken, and Columbia, South Carolina, and we serve clients throughout the state.