In a civil lawsuit, plaintiffs may claim a variety of damages related to losses, injuries, and painful experiences. Among these are non-economic damages typically awarded for losses unrelated to money. Since non-economic damages are not necessarily measured in dollars and cents, their value may be capped under certain circumstances.
Generally, non-economic damages are not capped. In many personal injury claims, a plaintiff’s claims for non-economic damages are likely not limited, at least not by a statute. However, certain claims are capped as a matter of law. Non-economic damages in medical malpractice claims are capped, and the caps may depend on whether the plaintiff is suing an individual healthcare provider, an institution, or both. Also, punitive damages may be capped, but these damages are far less common and might not even come up in most cases. While non-economic damages are sometimes limited, the law provides exceptions, and caps may be adjusted or removed under certain conditions.
Receive a free, private case evaluation from our South Carolina personal injury attorneys by calling Burriss Ridgeway Injury Lawyers at (803) 451-4000.
Limits on Non-Economic Damages Awards in South Carolina
Courts may award non-economic damages for a wide variety of injuries, losses, and claims. The common thread between all these claims is that non-economic damages are typically unrelated to actual sums of money, and their value tends to be more subjective. In some cases, non-economic damages are capped, meaning our South Carolina personal injury lawyers can only get you so much compensation, although exceptions exist.
General Non-Economic Damages
Generally, non-economic damages are not capped by statute in many injury cases. For example, if you were to sue for a car accident or because you were injured by a dangerously defective consumer good, your non-economic damages might not be capped. However, this does not mean juries will always award sky-high non-economic damages. Instead, these awards should align with the magnitude of the case and the plaintiff’s claims. If an award of non-economic damages seems too high, the defendant might urge the judge to reduce it. Remember, damages should be fair, even if they are technically not capped.
Medical Malpractice Non-Economic Damages
Non-economic damages are typically capped in medical malpractice claims. According to S.C. Code Ann. § 15-32-220(A), non-economic damages in claims against a single healthcare provider (e.g., doctors) are capped at $350,000 per claimant. According to subsection (B) of this same statute, non-economic damages in claims against healthcare institutions (e.g., hospitals, doctor’s offices) are also limited to $350,000 per claimant.
It is not unusual for plaintiffs filing medical malpractice claims to sue both doctors and hospitals, which can make calculating non-economic damages tricky. Under subsection (C) of the law, non-economic damages for each provider or institution is $350,000, but the limit for all defendants together may not exceed $1,050,000 per claimant.
Punitive Damages
Technically, punitive damages are not classified as non-economic damages as they exist as a separate category. Generally, non-economic damages are part of compensatory damages, while punitive damages are awarded separately to punish defendants for especially egregious behavior. However, punitive damages are non-economic in nature as they are often unconnected to the actual costs of the plaintiff.
According to S.C. Code Ann. § 15-32-520(D), claims for punitive damages must be proven by clear and convincing evidence and show that the defendant caused injuries through wanton, willful, or reckless conduct.
Under § 15-32-530(A), punitive damages awards generally may not be more than either triple the value of compensatory damages or $500,000, whichever is greater. Alternatively, under subsection (B), these limitations may be adjusted if one of two specific conditions exist. One such condition is that the defendant was primarily motivated by unreasonable financial gain and that their wrongful actions were unreasonably dangerous with a high likelihood of injury. These factors must also have been known to or approved by the defendant or their agents. The other condition is that the defendant’s actions may subject them to a felony conviction and is the proximate cause of the plaintiff’s damages.
If either of these conditions is found to be present in your case, the judge may adjust the limit for an award of punitive damages to be higher. Instead of the cap described above, the new cap would limit punitive damages to four times the value of compensatory damages or $2 million, whichever is more.
How Caps on Non-Economic Damages May Be Removed in South Carolina
Caps might limit non-economic damages in some cases, but they can also be removed under the right conditions, allowing plaintiffs to receive larger and more fair damages awards. For example, caps on non-economic damages in medical malpractice cases may be removed under S.C. Code Ann. § 15-32-220(E).
The limits on non-economic damages against healthcare providers or institutions do not apply if the court finds that the defendant was grossly negligent or their behavior constituted reckless, willful, or wanton conduct. If such a finding is made, the defendant’s actions must also be found to have been the proximate cause of the plaintiff’s non-economic damages. Alternatively, the defendant must be found to have engaged in fraud or misrepresentation related to the case or destroyed medical records in order to avoid liability.
Similarly, caps may be removed for punitive damages awards under § 15-32-530(C). If the trial court determines that one of the following three conditions exists, the cap on punitive damages may be removed entirely.
First, the defendant must be found to have intended to cause harm, and their actions did in fact cause harm to the plaintiff.
Second, the defendant must have been convicted of or pled guilty to a felony in connection with the actions that harmed the plaintiff, and those actions were the direct and proximate cause of the plaintiff’s damages.
Third and finally, the defendant must have been under the influence of alcohol, drugs that were not legally prescribed to them, or other intoxicating substances such as glue, aerosol, or toxic vapors. The defendant must have been intoxicated to such a degree that their judgment was substantially impaired.
Contact Our South Carolina Personal Injury Attorneys to Discuss Your Potential Damages
Receive a free, private case evaluation from our Columbia, SC personal injury attorneys by calling Burriss Ridgeway Injury Lawyers at (803) 451-4000.
