Getting hurt in an accident changes your life fast. Medical bills pile up. You miss work. Pain follows you through the day. On top of all that, you must deal with insurance companies that want to pay as little as possible.
South Carolina law gives injured people the right to seek money for their losses. These losses are called “damages” in legal terms. But many accident victims do not realize how many types of damages they can claim. As a result, they settle for far less than they deserve.
This guide explains the damages available in a South Carolina personal injury case. Whether you were hurt in a car crash, slip and fall, or another type of accident, knowing your rights is the first step toward fair compensation.
Two Main Categories of Damages
South Carolina divides personal injury damages into two main groups. The first group is called compensatory damages. These damages aim to make up for your actual losses. The goal is to put you back in the position you were in before the accident happened.
Compensatory damages break down further into economic damages and non-economic damages. Economic damages cover costs you can measure with receipts and records. Non-economic damages cover harms that are real but harder to calculate, like pain and emotional distress. In certain cases, a third type of damages may also apply. These are called punitive damages, and they serve a different purpose entirely.
Economic Damages: Your Measurable Financial Losses
Economic damages represent the money you have spent or will spend because of your injury. South Carolina law defines these as “pecuniary damages arising from medical expenses and medical care, rehabilitation services, costs associated with” lost income and other financial harm. See S.C. Code § 15-32-210(3). These damages have clear dollar amounts that you can prove with documents.
Medical Expenses form the foundation of most personal injury claims. This category includes emergency room visits, hospital stays, and ambulance costs. It also covers surgery fees, prescription medications, and physical therapy sessions. Diagnostic tests like X-rays, MRIs, and CT scans count as well. Even follow-up appointments and specialist visits fall under this heading. Keep every bill, receipt, and explanation of benefits from your insurance company.
Future Medical Costs matter just as much as past bills. Some injuries require ongoing treatment for months or years. A serious back injury may need multiple surgeries. A traumatic brain injury could require lifelong therapy. Your attorney can work with medical experts to project these future costs. This ensures your settlement accounts for care you have not yet received.
Lost Wages compensate you for income you missed while recovering. If your injuries kept you home from work for weeks or months, you deserve payment for that lost income. Bring your pay stubs, tax returns, and a letter from your employer that confirms your time away from work.
Loss of Earning Capacity applies when your injuries permanently reduce your ability to earn money. Perhaps you can no longer perform the physical demands of your job. Maybe a brain injury limits your concentration or memory. An economist or vocational expert can testify about how much income you will lose over the rest of your working life. This amount often exceeds your current lost wages by a wide margin.
Property Damage covers the cost of repairing or replacing items damaged in the accident. In a car crash, this means your vehicle. It can also include personal items inside the car, such as electronics, clothing, or child safety seats. Get repair estimates and keep records of anything you replace.
Out-of-Pocket Expenses round out your economic damages. These include costs for hiring help with household chores you can no longer do. They also cover travel expenses for medical appointments, parking fees at hospitals, and the cost of medical equipment like crutches, braces, or wheelchairs. Each of these costs adds up. Document them carefully from day one.
Non-Economic Damages: The Harms You Cannot Easily Measure
Not every loss comes with a receipt. South Carolina law recognizes that accidents cause real harm beyond financial costs. The state’s Noneconomic Damage Awards Act defines non-economic damages as “nonpecuniary damages” that include pain, suffering, inconvenience, mental anguish, and loss of enjoyment of life. These damages are just as real as medical bills. They are simply harder to put a number on.
Pain and Suffering is the most common non-economic damage. It covers both physical pain from your injuries and the daily discomfort that follows. A broken leg causes sharp pain during the break. Then it brings months of aching during recovery. Chronic pain from nerve damage can last a lifetime. Courts consider the severity of your injuries, the length of your recovery, and whether the pain is permanent.
Emotional Distress recognizes the mental toll of an accident. Many injury victims develop anxiety, depression, or post-traumatic stress. Some people have trouble sleeping. Others avoid driving after a car crash. These emotional wounds are real. Medical records from a therapist or counselor help prove this type of damage.
Loss of Enjoyment of Life compensates you when injuries prevent you from doing things you once loved. Maybe you coached your child’s sports team but can no longer stand for long periods. Perhaps you enjoyed gardening, fishing, or playing music. When an accident takes away your ability to enjoy life, the law says you deserve compensation.
Loss of Consortium is a claim that your spouse or family member can bring. It covers the loss of companionship, affection, and intimacy that results from your injuries. When a serious injury changes your relationship with your partner, the law recognizes that harm. Your spouse may file this claim alongside your personal injury case.
Disfigurement and Scarring create lasting reminders of the accident. Visible scars on the face, arms, or legs can cause embarrassment and self-consciousness. Burns, surgical scars, and other permanent marks affect how you feel about yourself. Courts factor in the location, size, and visibility of scars when calculating these damages.
How Courts Calculate Non-Economic Damages
South Carolina does not use a fixed formula to calculate non-economic damages in most personal injury cases. Juries and insurance adjusters often use one of two common methods to arrive at a number.
The first approach is the multiplier method. An attorney calculates the total economic damages and then multiplies that number by a factor between 1.5 and 5. The multiplier depends on the severity of the injuries and how much they affect daily life. A minor soft tissue injury might use a multiplier of 1.5. A permanent disability could justify a multiplier of 4 or 5.
The second approach is the per diem method. This assigns a daily dollar amount for each day the victim suffers from their injuries. For example, if recovery takes 270 days and the daily rate is $150, the non-economic damages would total $40,500. Both methods serve as starting points for negotiation, not hard rules.
In South Carolina, there is generally no cap on non-economic damages in standard personal injury cases. However, medical malpractice claims are different. Under S.C. Code § 15-32-220, non-economic damages against a single healthcare provider are capped at $350,000. The total cap for all providers and institutions combined is $1,050,000. These caps do not apply to car accidents, slip-and-fall cases, or most other personal injury claims.
Punitive Damages: When the Defendant’s Conduct Was Outrageous
Punitive damages work differently from compensatory damages. They do not aim to make you whole. Instead, they punish the defendant for especially bad behavior and discourage others from acting the same way. As the South Carolina Supreme Court explained, “the primary purposes of punitive damages are punishment and deterrence.” Gamble v. Stevenson, 305 S.C. 104, 110, 406 S.E.2d 350, 354 (1991).
South Carolina law sets a high bar for punitive damages. Under S.C. Code § 15-32-520, you must prove by clear and convincing evidence that the defendant’s conduct was “willful, wanton, or reckless.” Ordinary negligence is not enough. The defendant must have shown a conscious disregard for the safety of others.
Drunk driving accidents are a common example. When a driver gets behind the wheel while intoxicated, they knowingly put lives at risk. That level of recklessness can support a punitive damages award. Other examples include hit-and-run accidents and cases where a company knowingly sold a dangerous product.
The South Carolina Supreme Court established the framework for reviewing punitive damages awards in Gamble. The Court held that trial judges must conduct a post-trial review and consider eight specific factors: “(1) defendant’s degree of culpability; (2) duration of the conduct; (3) defendant’s awareness or concealment; (4) the existence of similar past conduct; (5) likelihood the award will deter the defendant or others from like conduct; (6) whether the award is reasonably related to the harm likely to result from such conduct; (7) defendant’s ability to pay; and finally, (8) ‘other factors’ deemed appropriate.” Gamble, 305 S.C. at 111–12, 406 S.E.2d at 354. The Court further noted that “[t]he amount of damages, actual or punitive, remains largely within the discretion of the jury, as reviewed by the trial judge.” Id. at 112, 406 S.E.2d at 355.
South Carolina caps punitive damages under S.C. Code § 15-32-530. The general limit is three times the compensatory damages or $500,000, whichever is greater. However, this cap can increase to four times compensatory damages or $2,000,000 if certain aggravating factors exist. The cap is removed entirely if the defendant intended to cause harm, was convicted of a felony related to the incident, or acted under the influence of alcohol or drugs.
How Shared Fault Affects Your Damages
South Carolina follows a modified comparative negligence rule that the state’s Supreme Court adopted in the landmark case Nelson v. Concrete Supply Co., 303 S.C. 243, 399 S.E.2d 783 (1991). Before that decision, the state used the harsh contributory negligence standard. Under that old rule, even one percent of fault barred the plaintiff from any recovery. The Court replaced it, stating: “Having determined comparative negligence is the more equitable doctrine, we now join the vast majority of our sister jurisdictions and adopt it as the law of South Carolina.” Nelson, 303 S.C. at 245, 399 S.E.2d at 784.
Under this system, the Court explained that “a plaintiff in a negligence action may recover damages if his or her negligence is not greater than that of the defendant. The amount of the plaintiff’s recovery shall be reduced in proportion to the amount of his or her negligence.” Id. The legislature later codified this rule in S.C. Code § 15-38-15. If you are 20 percent at fault for the accident and your total damages equal $100,000, you would receive $80,000. This reduction applies to all types of compensatory damages.
There is a critical threshold to keep in mind. If you are 51 percent or more at fault, you cannot recover any damages at all. This is called the 51 percent bar rule. Insurance companies know this rule well. They often try to shift blame onto the injured person to reduce or eliminate the payout. Having an attorney who understands how to protect your claim against these tactics is essential. For more on how South Carolina assigns fault, see our article on types of negligence in South Carolina.
Wrongful Death Damages
When an accident kills someone, South Carolina allows surviving family members to file a wrongful death claim under S.C. Code § 15-51-10. The personal representative of the deceased person’s estate brings this action on behalf of the surviving spouse, children, or other dependents.
Wrongful death damages can include medical expenses incurred before death and funeral and burial costs. The family can also claim lost future income that the deceased would have earned. Non-economic damages cover the loss of the relationship, companionship, and guidance the deceased provided. These cases carry a three-year statute of limitations from the date of death.
Time Limits for Filing Your Claim
South Carolina gives you a limited window to file a personal injury lawsuit. Under S.C. Code § 15-3-530, the general statute of limitations is three years from the date of the accident. Miss this deadline, and you lose your right to seek compensation entirely.
Some exceptions apply. If the injured person is a minor, the clock does not start until they turn 18. Claims against government entities must be filed within two years under the South Carolina Tort Claims Act. The discovery rule may extend the deadline when injuries are not immediately apparent. Regardless of these exceptions, acting quickly protects your rights and preserves critical evidence.
What Insurance Companies Do Not Want You to Know
Insurance adjusters are trained to minimize payouts. They use several common tactics to reduce your claim. Understanding these tactics helps you avoid costly mistakes.
Quick settlement offers come first. The insurance company may contact you within days of the accident with a check. This offer almost never covers your full damages. Once you accept, you cannot ask for more money later. Even if your injuries turn out to be worse than expected, the settlement is final.
Recorded statements are another tool. The adjuster may ask you to describe the accident on tape. Anything you say can be used to argue that you were at fault or that your injuries are not serious. Politely decline until you speak with an attorney.
Blame shifting happens often in South Carolina because of the comparative negligence rule. If the insurance company can pin even a small percentage of fault on you, your compensation drops. If they push your fault above 50 percent, you get nothing. A skilled attorney knows how to push back against these efforts. For more on how insurance companies operate in auto accident cases, review our detailed guide.
Building a Strong Damages Claim
The strength of your claim depends on the evidence you gather. Start collecting proof of your losses from the moment the accident happens.
Medical Records are the backbone of your case. See a doctor immediately after the accident, even if you feel fine. Some injuries take days or weeks to show symptoms. Gaps in treatment give the insurance company ammunition to argue your injuries are not serious. Follow your doctor’s orders and attend every appointment.
Financial Documentation proves your economic losses. Save every medical bill, pharmacy receipt, and insurance statement. Keep pay stubs from before and after the accident to show lost income. Get repair estimates for vehicle damage. Track mileage to medical appointments and any other expenses the accident caused.
A Personal Journal captures what numbers cannot. Write down your pain levels each day. Note activities you can no longer enjoy. Describe how the injury affects your sleep, mood, and relationships. This journal becomes powerful evidence of your non-economic damages. For a complete guide on what to do right after an accident, see our article on steps to take at an accident scene.
Damages Available in Common Accident Types
The type of accident affects which damages you can claim and how much they may be worth.
Car Accidents are the most common personal injury cases in South Carolina. Victims can claim all economic and non-economic damages. South Carolina requires all drivers to carry minimum liability insurance of $25,000 per person and $50,000 per accident for bodily injury under S.C. Code § 38-77-140. When the at-fault driver’s insurance is not enough, your own uninsured or underinsured motorist coverage may help fill the gap.
Slip and Fall Accidents involve injuries on someone else’s property. Property owners have a duty to keep their premises safe. When they fail and you get hurt, you can seek the same types of damages available in any personal injury case.
Medical Malpractice cases involve healthcare providers who cause harm through negligent care. These cases carry the special damage caps discussed earlier. The non-economic cap of $350,000 per provider and $1,050,000 total makes it critical to maximize your economic damages claim.
Workplace Injuries are typically handled through workers’ compensation. However, if a third party caused your injury at work, you may also file a personal injury lawsuit against that party. The personal injury claim can include damages that workers’ compensation does not cover, such as pain and suffering.
Why You Need an Attorney for Your Damages Claim
Personal injury cases involve complex calculations and aggressive opponents. An experienced attorney helps in several important ways.
First, an attorney identifies all available damages. Many victims focus only on medical bills and miss significant claims like future earning capacity or loss of enjoyment of life. A thorough review of your case reveals the full picture of your losses.
Second, an attorney knows the value of your case. Insurance companies routinely offer settlements worth a fraction of the true value. Your lawyer can calculate a fair amount based on your specific injuries, treatment, and circumstances.
Third, an attorney handles negotiations with the insurance company. This protects you from recorded statements, early settlement traps, and blame-shifting tactics. If the insurance company refuses to offer a fair settlement, your attorney can file a lawsuit and take the case to trial.
Contact Klok Law Firm LLC
Every personal injury case is different. The damages you can claim depend on the facts of your accident, the severity of your injuries, and the insurance coverage involved. What stays the same is your right to seek full and fair compensation under South Carolina law.
At Klok Law Firm LLC, we fight for accident victims in Charleston, Mount Pleasant, and throughout the South Carolina Lowcountry. We know how insurance companies try to undervalue claims. We also know how to build strong cases that get results.
Call us today at (843) 701-1695 or contact us online to schedule a free consultation. You can also visit our personal injury page to learn more about how we can help you recover the compensation you deserve.
This blog post is for informational purposes only and does not constitute legal advice. Each case involves unique circumstances that require consultation with a qualified attorney. For specific guidance on your personal injury claim, contact an experienced South Carolina personal injury lawyer.