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A successful Columbia personal injury case results in an award of damages. As a victim, you need to understand the types of damages, what you can claim, and how to prove your case.
Our experienced Columbia personal injury lawyers at Shealey Law Firm explains compensatory damages in a personal injury claim in Columbia, SC.
What Are Compensatory Damages and How Do They Work in SC?
Compensatory damages are a monetary award intended to make up for, or compensate the victim for their direct losses. They are damages given in recognition of the person’s actual injury, loss, or suffering.
In personal injury cases, compensatory damages are awarded to make the injured party whole for their actual losses.
Of course, monetary compensation can’t truly make a person whole. Money can’t fix injuries or reverse suffering. But money is the best the legal system can do to compensate a person for what they have lost.
The Two Types of Compensatory Damages in a Personal Injury Case
There are two types of compensatory damages awarded in a South Carolina personal injury case – economic and non-economic damages.
What Are Special (Economic) Damages in a South Carolina Injury Claim?
Economic damages are direct financial losses and expenses from personal injury.
Economic damages include:
- Medical bills
- Lost income
- Diminished earning capacity
- Property damage
- Personal care expenses
- Household services
- Rehabilitation costs
- Mental health treatment
- Incidental expenses like transportation and medical supplies
Economic expenses are either bills incurred or income lost by the person because of their injuries.
What Are General (Non-Economic) Damages in a Columbia Personal Injury Case?
Non-economic damages are intangible losses due to a personal injury. They include:
- Physical pain, suffering
- Emotional anguish
- Disability
- Disfigurement
- Loss of enjoyment of life
- Inconvenience
- Loss of consortium
Even though non-economic losses cannot be totaled with a calculator, they are still direct harm endured by the victim.
The plaintiff may claim economic and non-economic losses as compensatory damages in a personal injury claim.
How Are Compensatory Damages Calculated in South Carolina?
Actual damages are calculated to replace the loss caused by the wrong or injury. For economic damages, the math is relatively straightforward. Total the losses that have already occurred and the losses that are reasonably likely to come. Reduce any future amount to the current value.
For non-economic damages, consider the different types of losses. Weigh their relative severity. It can help to consider them in relation to economic losses and the duration of suffering. A multiplier of economic damages and a daily amount are two methods commonly used to value non-economic damages.
A lawyer can help you value and prove your compensatory damages.
Is There a Cap on Compensatory Damages in SC Personal Injury Cases?
There is no cap on compensatory damages in SC personal injury cases, except for medical malpractice. In car accident, slip-and-fall, premises liability, and animal attack claims, there is no cap on compensatory damages.
In medical malpractice claims, South Carolina law limits non-economic damages. The limits apply per provider and per negligent act. There are exceptions to the cap for gross negligence and willful, wanton, or reckless conduct.
A lawyer can explain if a cap on compensatory damages applies in your SC personal injury case.
Are there Damages Besides Compensatory Damages?
If compensatory damages pay for a person’s actual losses and suffering, you may wonder if there are other types of damages.
Punitive damages
Punitive damages are non-compensatory. They don’t compensate the victim for any loss the victim suffered. Rather, they punish the defendant for extremely offensive conduct.
Nominal damages
Nominal damages may be awarded if the defendant violated the plaintiff’s rights without causing significant loss or physical harm.
What Does Compensatory Damages Mean for Your Personal Injury Case
As the plaintiff, you must prove your case. That means proving all elements of your case, including what you’re claiming in damages. You must identify the category of damages and what you are claiming is the appropriate monetary award for that type of loss.
How a Columbia Personal Injury Lawyer Maximizes Your Compensatory Damages
A Columbia personal injury lawyer can maximize your compensatory damages by:
- Identifying the categories of damages that apply to your case.
- Determining the value of your case overall and the types of compensation you may receive.
- Including all damages in your summons and complaint, in a way that complies with procedural rules.
- Building evidence to prove losses.
- Explaining how non-economic damages should be valued.
- Negotiating your compensation or presenting your case in court.
- Answering your questions throughout your case.
It’s important to be deliberate and detailed with your evidence of compensatory damages. You may rely on witnesses, bills, income statements, expert witnesses, journals, photos, videos, and other evidence to explain your losses. You’ll need persuasive arguments for how non-economic compensatory damages should be valued in your case.
Talk to a Lawyer
Shealey Law Firm represents personal injury victims and their families. We know how important it is to investigate and prove compensatory damages.
We invite you to speak with a lawyer about compensatory damages. See how an attorney can help with your case. Call or message us now.