In a South Carolina personal injury case, damages refer to the money awarded to a plaintiff (the injured party) for the harm they suffered. But not all damages are created equal.
The two primary types of damages you’ll hear about in civil lawsuits are actual damages and punitive damages.
Here’s the key difference:
- Actual damages (also called compensatory damages) are designed to reimburse you for your losses — medical bills, lost wages, property damage, pain and suffering, etc.
- Punitive damages, on the other hand, are meant to punish the wrongdoer for egregious or reckless behavior and deter similar conduct in the future.
At The Bill Connor Law Firm, we help personal injury victims in Orangeburg, Charleston, and throughout South Carolina pursue the full compensation they’re entitled to — including both actual and punitive damages when appropriate.
Understanding Actual (Compensatory) Damages
Actual damages refer to the real, measurable losses you experienced due to someone else’s negligence or wrongful conduct. These damages are designed to make you “whole” again — as if the injury had never occurred (at least financially).
There are two categories of actual damages:
1. Economic Damages (Special Damages):
These are objective, easily calculated financial losses, including:
- Medical bills (past and future)
- Lost income and lost earning capacity
- Property damage (like a totaled vehicle)
- Cost of rehabilitation or physical therapy
- Out-of-pocket expenses (like transportation to medical appointments)
2. Non-Economic Damages (General Damages):
These are subjective losses, including:
- Pain and suffering
- Emotional distress
Loss of enjoyment of life - Disfigurement or physical impairment
- Loss of companionship (in wrongful death cases)
Actual damages are compensatory, meaning they aim to restore your quality of life. You must prove these losses with documentation, expert testimony, or persuasive narrative — and that’s where experienced legal representation is essential.
What Are Punitive Damages and When Are They Awarded?
Punitive damages (sometimes called exemplary damages) are not meant to compensate the injured party for their losses. Instead, they serve two very specific purposes:
1.Punish the defendant for willful, wanton, or grossly negligent behavior.
2. Deter the defendant — and others — from repeating such conduct in the future.
To qualify for punitive damages in South Carolina, the plaintiff must prove:
- The defendant’s conduct was reckless, willful, or malicious — not just careless or negligent.
There is clear and convincing evidence of the defendant’s wrongdoing.
These damages are typically only available in cases involving:
- Drunk driving accidents
- Nursing home abuse
- Assault or battery
- Product liability involving knowledge of defects
- Fraud or intentional misconduct
Bill Connor has helped clients build strong cases showing intent or recklessness, opening the door to higher verdicts and real accountability.
How Are Damages Calculated in South Carolina?
Actual Damages:
There is no cap on most actual damages in South Carolina personal injury cases. If you can prove it, you can claim it. Documentation, expert reports, and testimony from physicians or economists can all be used to calculate the value.
Punitive Damages:
South Carolina law caps punitive damages under most circumstances. According to S.C. Code § 15-32-530, the maximum punitive damages allowed are:
- Three times the amount of actual damages, or $500,000,
whichever is greater.
Exceptions apply if:
- The defendant intended to harm.
- The defendant was convicted of a felony related to the act.
- The conduct involved drugs or alcohol impairment.
Why the Difference Matters in Your Personal Injury Case
Understanding the difference between actual and punitive damages can significantly impact the value of your case, your negotiation strategy, and your expectations for trial.
Here’s why it matters:
- Insurance companies usually only cover actual damages, not punitive ones.
- Punitive damages require more extensive evidence and legal strategy.
- A case with clear actual damages but questionable conduct may settle faster.
- A case with egregious behavior (like a DUI crash) may go to trial for punitive awards.
At The Bill Connor Law Firm, we evaluate every personal injury case to determine:
- What types of damages you’re entitled to
- What documentation and testimony is needed
- Whether punitive damages are worth pursuing
The most effective strategy to recover every dollar you deserve
FAQ: Actual vs. Punitive Damages in South Carolina
1. Can you get both actual and punitive damages in a personal injury case?
Yes. If your case involves compensable injuries and the defendant’s conduct was especially reckless or intentional, you can pursue both types of damages.
2. Are punitive damages taxed?
Yes. In most cases, punitive damages are taxable, while many actual damages (such as for physical injury) are not.
3. Do I need to go to trial to get punitive damages?
Often, yes. Punitive damages are typically awarded by a jury. Some settlements include punitive amounts, but it usually requires strong leverage or courtroom litigation.
4. Can insurance cover punitive damages?
Usually not. Most insurance policies exclude coverage for punitive damages, especially when intentional harm is involved.
5. What’s the burden of proof for punitive damages?
South Carolina requires clear and convincing evidence — a higher standard than the “preponderance of evidence” required for actual damages.
6. What if I don’t have receipts for pain and suffering?
Pain and suffering don’t require receipts but must be supported by evidence — medical records, witness testimony, or expert opinions.
7. Is there a limit on pain and suffering damages in South Carolina?
Not generally. However, medical malpractice cases do have caps for non-economic damages.
8. What kinds of cases typically involve punitive damages?
DUI crashes, nursing home abuse, assault, intentional fraud, and cases where corporations acted with reckless disregard for safety.
9. Do courts always award punitive damages if someone acted recklessly?
No. Judges and juries have discretion. You must make a compelling case with strong evidence.
10. How can Bill Connor help me recover damages?
Bill Connor helps clients build strong, evidence-backed cases to pursue full actual damages — and punitive damages when warranted — with a proven track record of successful outcomes.
Don’t Leave Money on the Table: Know Your Rights
Injuries can cost you physically, emotionally, and financially — and if someone else’s actions caused that harm, you deserve compensation. But understanding the difference between actual and punitive damages can be the key to maximizing your recovery.
Bill Connor is a trusted South Carolina personal injury attorney who has recovered millions of dollars in verdicts and settlements for his clients. He works closely with you to assess your case, build your claim, and fight for what you’re rightfully owed.
Call The Bill Connor Law Firm today to schedule a free personal injury consultation.
