If you have been injured due to the negligence of someone else in Anderson, South Carolina, the law gives you the right to be made “whole” again. The expense of getting there, can be charged to the person who caused the injury. Seems fair in theory. However, determining why you are entitled to compensation, the amount of compensation allowed, and how to get what you deserve, is not always easy to understand. A professional personal injury attorney will help guide you in the right direction.
Whether you slipped on a wet floor that was not clearly marked during your shopping trip, someone broadsides you by running a red light, a neighbor’s dog came onto your property to bite you, or you suffered from a doctor’s medical mistake, if there is negligence, you should contact an attorney. The cost of any of these situations can be overwhelming, and a personal injury attorney will work to get you what you deserve.
That is why laws in South Carolina are in place to help victims with the cost of getting well again, as well as damages referred to as punitive damages. Punitive damages can be awarded in cases where the negligence is reckless, willfull or wonton such as drunk driving, racing, and texting . This type of damage is also referred to as non-economic damages, where it’s not a matter of specific money that has been lost, but rather to punish the individual for their willful, wanton, and reckless action. It is also thought that it could deter them, or others, from such negligent acts in the future.
The above examples are what is considered punitive or non-economic damages. However, there are also economic or compensatory damages to consider, such as the following:
The above examples are much easier to put a specific dollar amount on, which makes it easier to win awards in court. These are not often capped. However, South Carolina does place caps on certain damages, such as punitive or non-economic.
Most states have placed “caps” on damages for a personal injury lawsuit. What this means is that the amount of money to be awarded has limits. This is especially true for punitive damages. The reason for this is to stop excessively high awards from preventing businesses from operating. This is not just for those who have been negligent, but also for those that are simply needing liability insurance to operate. If there weren’t any caps, the rates for this insurance would be so high that many businesses might not be able to afford it.
Not all states have implemented caps, but many have, including South Carolina. The state of South Carolina has placed caps on punitive and non-economic damages. For example:
There’s always room for exceptions for these caps, but the caps will apply in most personal injury cases in South Carolina. One exception to the caps would be if the case involved grave bodily harm or death, the cap could be increased or eradicated completely. A professional South Carolina personal injury attorney from The Law Offices of Steven M Krause PA, in Anderson, South Carolina, will guide you in the right direction and let you know which damages or caps could and will come into play for your individual case.
Steven Krause is a personal injury, auto accident, and workers’ compensation lawyer who practices in Anderson, SC. He graduated form the Thomas M. Cooley School of Law and has been practicing law for 40 years now. Steven Krause believes in fighting for the injured. Learn more about his experience here.