What Are the Personal Injury Damage Caps in South Carolina?

The personal injury damage caps in South Carolina depend on the details of your situation, especially the type of injury, who caused it, and whether the conduct was negligent or intentionally harmful. While some cases face limits on non-economic or punitive damages, others are not capped at all, particularly medical bills and lost wages.

Because these limits can impact how much compensation you’re able to recover, it’s important to understand which caps apply, how they’re calculated, and how to avoid insurance tactics that use them to reduce your claim’s value. 

In many cases, working with a Greenwood personal injury lawyer helps ensure no part of your recovery is left on the table.

What Is a Damage Cap?

A damage cap is a legal restriction on how much a plaintiff can receive in certain categories of compensation. South Carolina law recognizes three key types of personal injury damages:

• Economic damages: Quantifiable losses like hospital bills, lost income, and future care
  
• Non–economic damages: Intangible losses like pain and suffering or emotional distress
  
• Punitive damages: Meant to punish egregious or intentional misconduct

Only non-economic and punitive damages are subject to caps in South Carolina. There are no limits on economic losses, meaning you can recover the full cost of your actual expenses and financial harm.

Non-Economic Damage Caps: When and Where They Apply

South Carolina does not cap non-economic damages in most personal injury cases, such as car accidents, product liability, or premises liability claims. However, these damages are capped in medical malpractice cases.

The current non–economic damage caps for medical malpractice (2024) are as follows:

• $512,773 per defendant
  
• $1,538,319 total, regardless of the number of defendants

These caps apply only to damages related to pain and suffering. Medical bills, income loss, and other measurable expenses remain uncapped. At John Foy & Associates, we stay current on the inflation-adjusted cap values and help clients calculate the full amount they can legally claim, even in capped scenarios.

Punitive Damage Caps: How They Work in South Carolina

Punitive damages are designed to punish particularly reckless, malicious, or intentional conduct. South Carolina caps punitive damages in most cases unless specific exceptions apply.

Standard Cap on Punitive Damages

The standard cap on punitive damages is the greater of $500,000 or three times the amount of compensatory damages.

When There Is No Cap

No cap applies at all if:

• The defendant acted with the intent to harm.
  
• The defendant was convicted of a felony in connection with the incident.
  
• The defendant was under the influence of drugs or alcohol.
  
• The defendant engaged in fraud or concealment.

We often see punitive damages sought in DUI crash cases or where a company knowingly sold a dangerous product. When available, we pursue them aggressively while pushing back if an insurer tries to apply the cap unfairly.

How Caps Affect Settlements and Lawsuits

Even in cases where a cap applies, it doesn’t always limit the true value of a claim. Here’s how we help our clients navigate those limits:

• Maximizing economic damages: Since these aren’t capped, we build a detailed record of all current and future financial losses.
  
• Documenting non-economic harm thoroughly: Even when capped, pain and suffering damages should be pursued at the maximum allowed value.
  
• Pursuing all liable parties: In medical malpractice cases, naming multiple defendants may help reach the full cap.
  
• Avoiding early, low offers: Insurance companies sometimes claim caps apply when they don’t. Alternatively, they may use them to push fast settlements.

Our job is to make sure the law is interpreted correctly, rather than conveniently for insurers.

Common Questions We Hear About Damage Caps

Here’s a look at what our clients frequently ask about when it comes to the personal injury damage caps in South Carolina.

Can Damage Caps Reduce What I Receive From a Jury Verdict? 

Yes, in capped cases, the judge will reduce the jury’s award if it exceeds the statutory limit.

Will I Be Told Ahead of Time if My Case Is Capped? 

Not always. Some insurance adjusters may mislead claimants by stating a cap applies when it doesn’t. That’s one reason we always recommend legal review.

Do Damage Caps Apply to Wrongful Death Cases?

They can apply to wrongful death cases, but only if the case is rooted in medical malpractice. Otherwise, wrongful death claims involving general negligence are not capped.

Can I Challenge a Damage Cap in Court?

Rarely. South Carolina courts have upheld these laws as constitutional, particularly in medical cases. However, we explore every available legal argument to challenge improper application.

How We Help Clients Maximize Compensation

At John Foy & Associates, our team reviews every personal injury case with a focus on maximizing recovery. If a damage cap applies, we explore every angle to build a stronger case in the uncapped categories.

This may mean everything from identifying additional economic losses and finding multiple responsible parties to proving that the defendant’s actions fall under an exception. We also help protect your compensation by:

• Challenging low settlement offers based on incorrect cap interpretations
  
• Defending against subrogation or lien overreach
  
• Calculating future care needs and loss of earning capacity accurately
  
• Presenting compelling documentation and testimony on non-economic harm

Our goal is to make sure no detail is missed and no legal limit is misapplied.

Real Representation, No Misleading Limits

At John Foy & Associates, our firm has spent more than 20 years fighting for the injured. And we don’t let insurance companies use caps as an excuse to shortchange our clients. 

With over $1 billion recovered and 350+ years of combined legal experience, we know the law, the exceptions, and the strategies needed to pursue everything you deserve. If you’re unsure how South Carolina’s damage caps might affect your personal injury case, we’re here to provide clarity, protection, and guidance every step of the way.