South Carolina Wrongful Death Lawyer Helps Grieving Families Understand Their Rights to Fair Compensation
Losing a loved one due to someone else's reckless or intentional actions leaves families struggling with both emotional pain and financial hardship. While no amount of money can truly compensate for your loss, South Carolina law allows surviving family members to pursue damages through a wrongful death claim. In cases involving particularly egregious conduct, you may also be entitled to pursue punitive damages.
At Pracht Injury Lawyers, we understand the challenges families face after an unexpected loss. Our Anderson wrongful death lawyers provide compassionate guidance while aggressively advocating for your right to fair compensation.
The Purpose of Punitive Damages
Compensatory damages reimburse families for specific losses. This includes both economic and noneconomic damages, like healthcare costs, lost future earnings, and emotional distress. By comparison, punitive damages serve two different key functions.
- They punish defendants whose conduct demonstrates willful, wanton, or reckless disregard for human life.
- They aim to deter similar reckless behavior by others in the future.
For example, if a drunk driver causes a fatal crash, punitive damages send a clear message that this conduct is unacceptable and could have been avoided. Similarly, if a company knowingly sells a defective product that results in death, punitive damages discourage other manufacturers from having a similar blatant disregard for customer safety.
South Carolina courts only award punitive damages in wrongful death cases where there is clear and convincing evidence of reckless, willful, or wanton conduct. The burden of proof is higher than for cases only involving compensatory damages. Awards are relatively rare.
Factors Courts Consider When Awarding Punitive Damages
South Carolina courts weigh several factors when deciding whether to award punitive damages and, if so, calculating the appropriate amount for the case.
- Defendant's degree of culpability. The more egregious the conduct, the higher the potential award. Intentional or malicious acts typically warrant larger amounts than reckless behavior.
- Financial condition. Courts consider the defendant's assets and income to ensure the award is large enough to serve as a meaningful punishment.
- Benefit gained. If the defendant profited from their wrongful conduct, courts may consider those gains when setting the award amount.
- Potential harm. Even if the conduct only resulted in one death, courts examine whether it could have harmed others.
- Similar cases. Previous punitive damage awards in comparable wrongful death cases help set precedents and guide appropriate amounts to award.
Generally, South Carolina law caps punitive damages to $500,000 or three times the total compensatory damages, whichever is greater. For instance, if actual damages are $120,000, then your case may be eligible for up to $500,000 in punitive damages. But, if actual damages are $250,000, then wrongful death punitive damages may be as high as $750,000.
Types of Cases That May Warrant Punitive Damages
While each wrongful death case is unique, certain scenarios commonly lead to the awarding of punitive damages.
Drunk Driving Fatalities
When an impaired driver causes a fatal car crash, especially those with extremely high blood alcohol levels or prior DUI convictions, punitive damages may apply. For example, a driver with multiple DUI convictions may cause a fatal accident while driving with a blood alcohol level three times the legal limit.
Defective Products
Manufacturers who knew about dangerous defects but failed to issue recalls or warn consumers may be liable to pay punitive damages. Consider a car manufacturer that discovers a critical safety flaw but decides not to issue a recall to save money.
Medical Malpractice
Healthcare providers who deliberately falsified records or abandoned patients requiring urgent care may be liable for medical malpractice. This might include a doctor who leaves during surgery or falsifies treatment records to cover up mistakes. Nursing home abuse and neglect cases are similar.
Workplace Accidents
In some cases, companies routinely violate safety regulations or force employees to work in dangerous conditions. They may have to pay punitive damages. For instance, a construction company might have repeatedly ignored fall protection requirements, leading to a worker's death.
Get Help From a South Carolina Wrongful Death Lawyer
Understanding your rights regarding punitive damages is crucial when pursuing a wrongful death claim. The experienced legal team at Pracht Injury Lawyers can evaluate your case, gather evidence proving reckless conduct, connect with expert witnesses, and fight for maximum compensation.
Our law firm has a proven track record of success in South Carolina wrongful death claims. In one case, we successfully secured a settlement of $1 million for the family of an individual who drowned after being caught in a rip current. The payment represents the policy limits for the lifeguard beach service that was proven responsible for the fatal incident.