When Can Personal Injury Claimants Seek Punitive Damages in South Carolina?

In personal injury actions, punitive damages are a type of financial award that aim to punish the defendant for their misconduct and to deter them from engaging in similar behavior in the future. They differ from compensatory damages, which aim to reimburse the victim for the economic and noneconomic losses they suffered as a result of said misconduct.

In South Carolina, personal injury claimants may be able to seek punitive damages if they can prove that the defendant's conduct was willful, wanton, or reckless.

Willful conduct is conduct that is intentional and done with the knowledge that it is likely to cause harm. Wanton conduct is conduct that is reckless and done with a conscious disregard for the safety of others. Reckless conduct is conduct that is done with a conscious disregard for the safety of others, but without the intent to cause harm.

Here are some examples of scenarios that may warrant a punitive award in addition to the typical compensatory damages:

• A drunk driver who causes a car wreck that results in serious injuries or death,
• A manufacturer that knowingly sells a product that is defective and dangerous,
• A business owner who creates a dangerous condition on their property and fails to warn visitors about the danger, and
• A healthcare provider who provides negligent care that results in serious injuries or death.

In order to be awarded punitive damages, the claimant must prove that the defendant's conduct was willful, wanton, or reckless. The court will also consider the following factors in determining whether to award punitive damages (often called the Gamble factors):

• The degree of the defendant's conduct or culpability,
• The financial resources of the defendant,
• Duration of conduct,
• Defendant’s awareness or concealment,
• Existence of similar prior behavior,
• Whether the harm is linked to the verdict, and
• The need to deter the defendant from engaging in similar behavior in the future.

Punitive damages can be significant, and they can have a major impact on the defendant’s financial security going forward. Most personal injury claims do not warrant a punitive award. If you were seriously hurt, and you think you can make the case that the responsible party was willful, wanton, or reckless, it’s worth consulting an attorney. A seasoned professional can evaluate the situation from all angles to help you determine how best to proceed, so you can seek every dollar you deserve.

Call 864-585-3873 to Speak with a Personal Injury Attorney in South Carolina

At Hodge & Langley Law Firm, we’re determined to hold reckless, negligent, and downright malicious parties liable for their conduct. If you were seriously hurt because someone failed to act with reasonable care—or intentionally sought to cause you harm—let us help. Our tenacious team will use all the resources at our disposal to seek the maximum payout possible on your behalf. Call 864-585-3873 or submit our Contact Form to schedule a free initial consultation with a personal injury lawyer in South Carolina.