What Damages Can I Expect after an Injury?

If you have a personal injury claim, the amounts and kinds of damages you can receive depends on the type of injury you’ve suffered, the seriousness of the injury, what your losses have been (financial, physical or emotional) and what jurisdiction you live in. The court may also consider additional factors based on your situation. Generally, there are two types of damages you may receive for a personal injury claim, compensatory and punitive.

Compensatory damages are the most common kind and are available to compensate the victim for losses they may have suffered. The losses are not limited to physical injuries, although physical injuries may be included in compensatory damages. Other losses may include medical costs, loss of earnings (past and future), loss of the ability to work, loss of household services, emotional distress suffered by the injured party, loss of quality of life and other damages specific to the victim.

Individuals other than the injured or deceased party may also bring claims for compensatory damages for themselves or on behalf of the victim.

Punitive damages are intended to punish the defendant for their negligence or wrongdoing. They are not available in all jurisdictions. The facts of the case, state law, jurisdiction and the fact finder determine whether punitive damages are warranted in a specific case. It’s important to know the law in your state and court’s treatment of punitive damages when considering your litigation expectations.

Have a question about compensatory or punitive damages in South Carolina? If so, Call 800-868-2110 or contact us online to set up your free consultation.