If you have been injured due to someone else’s negligence in South Carolina, you have the right to seek compensation for damages incurred. In addition to economic damages such as medical bills and lost wages, non-economic damages are also recoverable. Non-economic damages refer to losses that do not have a direct monetary value, such as pain and suffering.
When filing a personal injury claim in South Carolina, it is important to understand what non-economic damages are and how they are calculated.
Table of Contents
Types of Non-Economic Damages
Non-economic damages include the following types of losses:
Pain and Suffering
This is the physical and emotional pain and suffering you endure as a result of your injuries. It includes both current and future pain and suffering.
Examples of pain and suffering include:
- Chronic pain
- Loss of enjoyment of life
- Depression
- Anxiety
- Emotional distress
Loss of Consortium
This refers to the loss of affection, companionship, and intimacy that a spouse or family member experiences as a result of your injuries. It can also include the inability to provide emotional support and/or participate in family activities.
Disfigurement
This includes any permanent scars, burns, or other disfigurements that result from the injury.
Loss of Reputation
This may occur if your injury causes damage to your reputation, such as if you are unable to work due to your injuries and are seen as unreliable or unable to fulfill your responsibilities.
Loss of Future Earnings
This includes any losses you may suffer in the future as a result of your injuries, such as the inability to work or decreased earning capacity.
Calculating Non-Economic Damages
Unlike economic damages, which have a direct monetary value, non-economic damages are more subjective and difficult to calculate. There is no set formula for determining their value. Instead, the value of non-economic damages is determined by a number of factors, such as the severity of the injury, the nature and extent of the pain and suffering, and the impact of the injury on your life.
Limits on Non-Economic Damages
In South Carolina, there are limits on certain types of non-economic damages in personal injury cases. For example, in medical malpractice cases, non-economic damages are capped at $350,000 per claimant and $1.05 million per occurrence.
Additionally, in cases involving punitive damages (damages awarded to punish the defendant for intentional or reckless behavior), non-economic damages are limited to three times the amount of economic damages or $500,000, whichever is greater.
Conclusion
Non-economic damages are a crucial component of personal injury cases in South Carolina. It is important to work with an experienced personal injury attorney who can evaluate your case and help you pursue the compensation you deserve for all your losses – both economic and non-economic.