A party may recover compensatory damages for any actual loss that the party can prove with reasonable certainty.
South Carolina Instruction to Jury Regarding Compensatory Damages for Conversion
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In tort law, compensatory damages, also known as actual damages, are damages awarded by a court equivalent to the loss a party suffered. If a party's right was technically violated but they suffered no harm or losses, a court may instead grant nominal damages. The Supreme Court held in Birdsall v.
Overview. Punitive damages are awarded in addition to actual damages in certain circumstances. Punitive damages are considered punishment and are typically awarded at the court's discretion when the defendant's behavior is found to be especially harmful.
Compensatory damages in South Carolina. Compensatory damages (sometimes called ?actual damages?) are intended to compensate the plaintiff for their losses caused by the defendant's actions.
There is no cap on non-economic damages in personal injury cases in South Carolina, except for in medical malpractice cases. Examples of non-economic damages can include physical pain, emotional distress, reputation loss, and reduced quality of life.
South Carolina Code Section 15-32-520(A) allows personal injury cases with punitive damages to be ?bifurcated? if requested by the at-fault party, called the defendant. ?Bifurcated? means ?divided into two parts.?
To receive compensatory damages, the plaintiff has to prove that a loss occurred and that it was attributable to the defendant. The plaintiff must also be able to quantify the amount of loss in the eyes of the jury or judge.
South Carolina Punitive Damage Award Limits for Most Cases For most accident cases, South Carolina limits punitive damage awards to the greater of three times the actual damages or $500,000. So, if you get $100,000 in actual damages, the most you can get in punitive damages is $500,000.
Annual increase in Non-Economic Damages Cap for Medical Malpractice Suits. South Carolina has raised the limits on how much money an injured person collects for pain and suffering in a medical malpractice case to $546,869. That is an increase from 2022 of about $36,000.