When You Can Pursue Them and How Much They Add to Your Case
When you’re injured in a car accident, you want to maximize your compensation. One way to do so is to claim punitive damages.
Our experienced Greenville car accident lawyer at Bobby Jones Law explains car accident punitive damages and how much they add to your case.
What Are Punitive Damages in a Car Accident Claim? How Do They Differ from Compensatory Damages in SC?
Punitive damages in a car accident claim are awarded to punish the defendant for particularly bad conduct.
The primary focus of a car accident claim is to compensate the victim for losses. Those losses can include medical bills, lost income, pain and suffering, and emotional anguish. Punitive damages aren’t intended to compensate the victim for losses. They’re about punishing the defendant for extremely offensive conduct.
Who receives the punitive damages in a SC car accident case?
Punitive damages in a SC car accident case are paid to the victim. Although they don’t compensate the victim for specific losses, the victim still receives them.
What Is the Legal Standard for Punitive Damages in a South Carolina Car Accident Case?
To award punitive damages, the following must be true:
Compensatory damages. The jury must first award compensatory or nominal damages.
Willful, wanton, reckless. The plaintiff must prove that the defendant acted willfully, wantonly, or recklessly.
Clear and convincing evidence. The plaintiff must prove their case for punitive damages by clear and convincing evidence.
The clear and convincing evidence standard for punitive damages is a much higher standard than that for compensatory damages. For compensatory damages, the plaintiff must prove their case by a preponderance of the evidence.
What does the jury consider when it comes to punitive damages?
When deciding whether to award punitive damages, the jury may consider:
- The degree of fault
- Awareness of the conduct, its duration, and any attempts to conceal it
- Similar past conduct
- Severity of the harm
- Plaintiff’s comparative negligence
- Profit gained from the conduct
- Defendant’s ability to pay
- Need to deter similar conduct
- Punitive damage awards in similar SC cases
- Criminal penalties
- Civil fines related to the incident
What Car Accident Scenarios Most Commonly Qualify for Punitive Damages in Greenville?
Scenarios that most commonly qualify for punitive damages in Greenville include the following:
- Drunk driving, driving under the influence of drugs
- Reckless driving, drag racing
- Fleeing the scene of an accident
- Intentional accidents, insurance fraud, road rage
- Commercial shipping, negligence in load management
- Commercial shipping, poor vehicle maintenance
- Commercial driving, negligent hiring, negligent driver management
How discovery can help your case
For claims based on commercial driving, evidence of past practices may be especially important. For example, the company may have had prior incidents of poor maintenance resulting in vehicle breakdowns or accidents. They may not have adjusted their practices because they were making a profit. In the discovery phase, you can seek records from the company to investigate previous incidents.
Building the evidence
Previous drunk driving offenses or prior citations for traffic violations may increase punitive damages. Your lawyer can help you gather these records.
You must plead punitive damages
The first step in seeking punitive damages is to request them in the complaint. The plaintiff should not request a specific amount in pleadings.
Bifurcated trial
At trial, the jury first decides liability and compensatory damages. If damages are awarded, then the jury considers punitive damages.
What Is SC’s Cap on Punitive Damages and How Does It Affect Your Car Accident Claim?
South Carolina law limits punitive damages in car accident claims. Generally, punitive damages can’t exceed three times compensatory damages or $500,000.
If the jury’s award exceeds the limits, the court may keep the award as high as four times compensatory damages or 2 million dollars if certain factors are present.
However, none of this applies in cases of:
Intentional harm. The defendant harmed the plaintiff intentionally.
Felony. The defendant is convicted of a felony from the car accident.
Drunk driving. The defendant was drunk driving or driving under the influence of drugs.
In these circumstances, there is no cap on punitive damages.
Can the court overturn the jury’s punitive damages award?
Yes. The court may decide the jury’s punitive damages award is excessive and lower it.
What if there are multiple defendants?
A punitive damages award is specific to the defendant. Each defendant is liable to pay their own punitive damages.
How Does Punitive Damages Exposure Affect Settlement Negotiations in Greenville Car Accident Cases?
Even though the jury decides punitive damages, your lawyer can still assess whether they are possible or likely. With this information, punitive damages can factor into your settlement negotiations.
It’s important to go into negotiations with a clear picture of what your case is worth. This means aggressively pursuing evidence, including through discovery.
When punitive damages are a possibility, you don’t necessarily have to go to trial to get them. They can be a part of your plea discussions. An attorney can help you pursue your compensation effectively.
How Do Criminal Charges and Civil Punitive Damages Interact After a Reckless Car Accident in SC?
If a car accident case qualifies for punitive damages, it’s common for there to be criminal charges, too. For example, the person may be charged with drunk driving along with the civil claim for compensation.
If the defendant is convicted or pleads guilty in the criminal case, the court must award restitution. But restitution in a criminal case is limited to pecuniary damages, meaning direct economic losses. Pain and suffering and punitive damages aren’t awarded in criminal restitution; you must pursue them through a civil claim.
Why Greenville Car Accident Victims Pursuing Punitive Damages Need Skilled Legal Representation
The standard for punitive damages is high, and the procedural process is complex. An attorney can aggressively pursue car accident punitive damages in your Greenville, SC car accident claim.
Bobby Jones Law handles claims seeking punitive damages. Call or message us now.
