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In South Carolina, your case qualifies for punitive damages only if you can prove you got hurt due to ?willful, wanton, or reckless conduct.? That's taken straight from the South Carolina punitive damages law at South Carolina Code Section 15-32-520(D).
What do prospective clients need to know about IVF laws and governance? At this time, South Carolina does not have any specific statutes regarding egg, sperm, or embryo donation, nor does it have any statutes regarding gestational surrogacy.
Under South Carolina law, Section 15-32-520, a plaintiff cannot ask for a certain amount in punitive damages unlike economic and non-economic damages (known together as compensatory damages).
Punitive damages are money awarded in addition to compensatory damages. They are specifically intended to punish defendants for egregious wrongdoing. South Carolina law establishes that any claim for these damages must be included in a complaint, but the plaintiff cannot specify the amount that is sought.
§ 15-32-510 provides that one must prove by clear and convincing evidence that the defendant was ?willful, wanton, or reckless? in their actions that caused the defendant's death. If proven, punitive damages may be awarded equal to the greater of three times actual damages (economic plus non-economic) or $500,00.00.
Pain and suffering damage caps For malpractice claims, non-economic damages are capped at $350,000 per defendant, and there's a $1.05 million overall cap for all defendants. For claims against the government, all damages are capped at $300,000.
S.C. Code Ann. § 63-7-310(C). Suspected child abuse and neglect that occurs at a childcare facility or foster care placement should be reported to the Out of Home Abuse and Neglect Investigations Unit (OHAN) of the Department of Social Services (DSS).