The other driver ran a red light, and you've been in physical therapy ever since. Your medical bills keep climbing, you can't work full-time, and the insurance company just offered you $15,000. You know that's not enough, but you're wondering if there's a legal limit on what you can actually recover.
South Carolina doesn't cap most types of compensation after car accidents. An Anderson car accident lawyer can help you pursue full recovery for your injuries, lost income, and pain and suffering without worrying about statutory damage limits. Real-world recovery depends on insurance coverage and other practical factors.
What Types of Compensation Can You Recover?
South Carolina recognizes three main categories of damages in car accident cases, each serving a different purpose in making you whole after someone else's negligence disrupts your life.
Economic Damages Have No Statutory Cap
Economic damages cover measurable financial losses like medical bills, lost wages, future medical care, and property damage. South Carolina law places no statutory cap on economic damages in car accident cases, though insurance policy limits may restrict actual recovery.
Non-Economic Damages Remain Unlimited in Car Crash Cases
Non-economic damages compensate for pain and suffering, emotional distress, loss of enjoyment of life, and disfigurement. Consider a marathon runner who can no longer run due to knee injuries. South Carolina imposes no statutory cap on non-economic damages in car accident cases. Your pain and suffering damages are limited only by what you can prove and what a jury finds reasonable.
You may have heard that pain and suffering is capped in South Carolina, but that's only true for medical malpractice cases under S.C. Code § 15-32-220. Car accident cases operate under different rules and generally have no such limits.
Punitive Damages Face Tiered Statutory Limits
Punitive damages are available only if the plaintiff proves by clear and convincing evidence that the defendant's conduct was willful, wanton, or reckless, not for simple negligence. These damages punish defendants for particularly dangerous behavior and deter similar conduct.
South Carolina law establishes a tiered cap system for punitive damages with amounts adjusted regularly for inflation:
- Basic cap. The greater of three times your compensatory damages or $500,000 for most private defendants.
- Higher cap. The greater of four times compensatory damages or $2 million if the court finds either the defendant's wrongful conduct was motivated primarily by unreasonable financial gain or their actions could subject the defendant to conviction of a felony.
- No cap. Unlimited punitive damages when the defendant intended to cause harm, the defendant was convicted of a felony arising from the same conduct, or the defendant was under the influence.
Exceptions to South Carolina's No-Cap Rule
While South Carolina doesn't cap most car accident damages, important exceptions exist that can significantly limit recovery.
Government Defendants Under the Tort Claims Act
The South Carolina Tort Claims Act caps recovery against state and local government entities at $300,000 per person and $600,000 per occurrence, regardless of the number of agencies or political subdivisions involved. An important exception applies for torts caused by government-employed licensed physicians or dentists acting within their scope of employment, where limits increase to $1.2 million per person and per occurrence.
These caps apply to all compensatory damages combined, economic and non-economic together. You don't get $300,000 for medical bills plus additional amounts for pain and suffering. Additionally, punitive or exemplary damages are not recoverable against government entities under the Tort Claims Act.
Comparative Negligence Can Reduce or Eliminate Recovery
South Carolina follows a modified comparative negligence rule, which bars recovery if you're 51% or more at fault. If you're less than 51% responsible, your recovery decreases by your percentage of fault. Insurance companies exploit comparative negligence to reduce payouts. They'll argue you were texting, not wearing a seatbelt, or driving too fast, anything to shift blame and reduce their liability.
Insurance Policy Limits Often Cap Real-World Recovery
Even when South Carolina law imposes no damage cap, insurance coverage creates practical limits on what you can actually collect. The at-fault driver's bodily injury liability coverage, your own uninsured/underinsured motorist coverage, and the defendant's collectible assets determine real-world recovery. If the at-fault driver carries minimum coverage and has no significant assets, you may be unable to collect your full damages even with a large jury verdict.
How Does a Lawyer Help Maximize Your Compensation?
Understanding that most damages aren't capped is just the beginning. Actually recovering full compensation requires proving your losses and countering insurance company tactics.
Calculating Future Damages Accurately
Many car accident victims underestimate long-term costs. If your spinal injury requires surgery every decade for the rest of your life, your damages must include those future procedures. A South Carolina car accident lawyer works with medical professionals and economists to project your future needs accurately.
Countering Comparative Negligence Arguments
Insurance adjusters scrutinize every detail to assign you partial fault. Your attorney gathers traffic camera footage, witness statements, accident reconstruction analysis, and expert testimony to refute false allegations and protect your full recovery.
Building Evidence for Punitive Damages
If the defendant's conduct warrants punitive damages, your lawyer must prove the defendant acted willfully, wantonly, or recklessly, meeting the clear and convincing evidence standard. This requires toxicology reports, witness testimony, and evidence of prior bad acts to support higher-tier caps or establish grounds for unlimited punitive recovery.