The Role of Punitive Damages in Wrongful Death Cases

Losing someone you love as a result of someone else’s reckless, careless, or unintentional actions can leave you struggling with not only your grief but also financial hardship. It is true that no amount of financial compensation can make up for the loss, or bring your loved one back. However, recovering damages can help offset the financial burden imposed by the loss. In some cases, such as when the defendant’s actions were particularly egregious, certain types of damages can also hold the liable party accountable for their behavior.

After an unexpected loss, our Charleston wrongful death lawyer understands the challenges you face. We will aggressively advocate for the rights of you and your family while providing the compassionate guidance you need.

When are Punitive Damages Awarded?

All personal injury cases involve compensatory damages. These damages are meant to compensate accident victims and their families for economic and non-economic losses, such as their medical expenses and pain and suffering. Punitive damages, on the other hand, are not meant to compensate for different losses. Instead, they are meant to punish defendants for behavior that is willful, deliberate, or shows reckless disregard for the safety of others. Punitive damages are also meant to deter the defendant and others from similar behavior in the future.

For example, drunk driving is taken very seriously in South Carolina. If an impaired driver caused a fatal accident, punitive damages may be awarded to send a clear message that this behavior is unacceptable and that the death could have been prevented.

Punitive damages are not awarded in all wrongful death cases. To obtain them, there must be clear and convincing evidence that the defendant acted in a reckless, willful, or deliberate manner. As such, punitive damages are rarely awarded. The burden of proof to show reckless or willful actions is also much higher than in cases involving only compensatory damages.

Factors Impacting Punitive Damages

The courts in Charleston, and throughout South Carolina, consider many factors when determining whether to award punitive damages. These include:

• Degree of egregiousness: The more shocking the behavior, the more punitive damages will likely be awarded. Cases involving malicious or intentional behavior will usually warrant larger amounts of punitive damages than cases involving reckless actions.
• Financial situation: The courts will consider the financial situation of the defendant to ensure the damages are high enough to act as a significant deterrent.
• Any obtained benefit: If the defendant benefited from the act that caused the wrongful death, the court may consider that when determining the amount of punitive damages.
• Potential for harm: Even if the reckless or willful behavior only caused one wrongful death, the court will also consider whether others could have been hurt, as well. For example, if a wrongful death was the result of a manufacturer that released a defective product onto the market, the court may consider the fact that anyone who used that product could have been hurt. This will result in a higher amount of punitive damages.
• Similar cases: When punitive damages were previously awarded in similar wrongful death cases, it can set a precedent and provide guidance on the appropriate amounts to award.

Even when punitive damages are awarded, state law places a cap on them. In South Carolina, punitive damages are capped at $500,000, or three times the amount of compensatory damages, whichever is greater. For example, if compensatory damages in a wrongful death case are valued at $120,000, plaintiffs may be eligible for a maximum of $500,000 in punitive damages. However, if compensatory damages are valued at $250,000, plaintiffs could receive up to $750,000 in punitive damages.

Types of Cases that Justify Punitive Damages

Although there are no two wrongful death cases that are exactly alike, there are some common situations that may justify punitive damages. These are as follows:

• Drunk driving accidents: When drunk drivers cause accidents that result in fatalities, there is a greater possibility for punitive damages. This is particularly true when drivers have previous DUI convictions or high blood alcohol levels.
• Product liability cases: Product liability cases arise when a defective product has caused injury or death to a consumer. While a defect alone may not be enough to warrant punitive damages, there are times when they can. These are typically when manufacturers are aware of certain defects but they fail to warn the public or issue recalls. For example, an auto manufacturer may know of a defect with their vehicles but attempt to save money by not issuing a recall.
• Medical malpractice: Again, not all cases of medical negligence will result in punitive damages. However, when a healthcare professional abandons patients requiring urgent care or falsifies records, there may be a stronger case for punitive damages.
• Workplace accidents: Compensation after a workplace accident is typically covered under the workers’ compensation system. However, employers who regularly violate safety regulations or force employees to work in conditions that are particularly dangerous, they may be liable for paying punitive damages. For example, a construction company may have regularly failed to provide fall protection, resulting in the death of a construction worker.

Even in the above cases, punitive damages are not always easy to obtain. A Charleston wrongful death lawyer can connect expert witnesses, collect evidence to prove reckless or willful misconduct and fight for the full settlement you and your family deserve.

Our Wrongful Death Lawyer in Charleston Can Help You Obtain Full Damages

Losing a loved one is one of the hardest things you will ever experience. As you grieve, you may also face financial difficulties due to funeral and burial costs, and other expenses associated with the loss. If someone else is to blame for the death, you may be entitled to compensation. At Trey Harrell, our Charleston wrongful death lawyer can help you make things right and will fight for the full compensation you and your family need. Contact us to schedule a consultation and to learn more about how we can help with your case.

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