[Transcript]
How can you receive punitive damages in a personal injury case? My name is Jeff Berger. I practice here in Columbia, South Carolina, and I handle cases involving punitive damages across our state. I made this video to help you learn more about the subject. When it comes to punitive damages, there are a few important things that you must know. The first is that we can only obtain punitive damages if we prove that the defendant, in other words, the person that caused harm, was in some way reckless or grossly negligent. A few examples that come to mind are cases involving drunk drivers, drivers who are texting while driving, or a nursing home or hospital that places vulnerable adults in the care of unqualified, untrained employees. When drivers and companies make dangerous choices like these, they put you, your loved ones, and our entire community at risk. In fact, as we can't stand for it, punitive damages are designed to punish and deter that kind of reckless behavior by providing compensation on top of money for actual damages like medical bills, lost income, or even pain and suffering. If you have more questions about punitive damages or any aspect of your personal injury case, contact me for a free consultation or request free copies of my books. Either way, know that we're here for you, that we look forward to being of service, and that if you've been harmed at the hands of a reckless company or individual, we're going to do everything in our power to make sure that they're held accountable, that the harm you've experienced is given meaning, and that we do our part to make sure that it doesn't happen again to another innocent human being.
Punitive Damages in South Carolina
For punitive damages to be considered in a South Carolina court, they must be specifically requested in the initial complaint, and victims must provide “clear and convincing”
evidence that reckless behavior was involved. Reckless behavior means that the responsible party acted with a willful disregard for the safety of others. Getting behind the wheel while intoxicated is a prime example of reckless behavior for which punitive damages may be justified.
Punitive damages are so-named because they are intended to not only punish the perpetrator financially for their bad actions, but also to provide an example to society as a whole to discourage similar behavior in others in the future. Punitive damages are not intended as the primary means of compensation, though they are a financial award; instead, they are an additional amount that goes to the victim on top of any compensatory damages already awarded.
South Carolina caps punitive damage awards at either $500,000 or three times the total amount of compensatory damages, whichever is greater. However, three notable exceptions to this cap occur when:
- There was an intent to cause harm.
- A conviction or guilty plea for a felony was involved.
- The person was “substantially impaired” by drug or alcohol use at the time of the incident.
With a claim for punitive damages included in a lawsuit, it is likely that the trial will be split into two parts. The first half will address claims for compensatory damages. If that case is successful, the second half will address claims for punitive damages, and the victim will have to provide stronger evidence to support his or her case for the additional award.
What Types of Cases Allow Someone to Recover Punitive Damages in South Carolina?
A common example of a claim or lawsuit for which a punitive award may be given is a drunk driving case. If the driver chose to get intoxicated then get behind the wheel of a car, he would clearly be putting other people on the road with him at great risk. His actions would be reckless, and he would liable for punitive damages in South Carolina. Additionally, if a bar or restaurant got him drunk and then permitted him to leave without offering any assistance in getting home, the bar might also be liable.
Other examples of reckless or willful conduct by a defendant that shows a clear disregard for others' safety would include:
- A company with knowledge of how dangerous its product was, choosing to withhold certain information so that they could get the product out on the market;
- A hospital that sweeps a doctor's repeated acts of malpractice under the rug; or
- A trucking company that intentionally alters its records in an attempt to conceal how many hours in a row its driver had worked and how fatigued he would have been when he lost focus and smashed a vehicle in front of him.
Can I Recover Punitive Damages Without Filing a Lawsuit?
Yes and no is the answer. Insurance companies and corporate defendants are often wise enough to know when they have "punitive exposure." In other words, they recognize that a jury may come back with a large punitive verdict if the defendant's conduct was bad enough. In such cases, they generally want to settle the claim without it ever going to court. A lawsuit may still be necessary to fully uncover the depths of the defendant's reckless indifference to our safety, but the likelihood of a jury trial is low. This fact benefits victims and their families because unlike a jury award of punitive damages, settlements are rarely taxable.
For all the talk about punitive damages, they are actually rare. In this video, personal injury attorney Kenneth Berger explains what must be proven to get punitive damages in a personal injury claim. Don't rely on what insurance adjusters or neighbors may be telling you about your case. Instead, find out the truth from an experienced South Carolina lawyer.
To learn more, contact our Columbia, South Carolina office today by phone at 803-790-2800, or you can reach us through our contact page or the live chat window in the corner below. We would be honored to serve you and answer any questions you may have about your injury case.
