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Personal Injury & Wrongful Death
Damages in Wrongful Death Lawsuits
Economic Loss and The True Essence of Loss
Economic or pecuniary loss is a damage recoverable in a wrongful death lawsuit, which is the loss of the ability to earn money to support the family. Moreover, the true essence of the losses associated with the death of a family member is recoverable. These losses include mental shock and suffering, wounded feelings, grief and sorrow, loss of companionship, loss of comfort, experience, knowledge and judgment in managing the affairs of the decedent and his or her family, and loss of the ability to educate the children of the decedent.
Damages in Personal Injury Lawsuits
Compensation for Economic Losses, Disfigurement & Loss Of One’s Enjoyment of Life.
The losses for which the law allows compensation include economic losses, such as past and future medical expenses incurred or made necessary by the wrongful act of another, and past and future loss of earnings. The law of South Carolina also allows compensation for such losses as disfigurement resulting from burns and other kinds of bodily scarring, permanent disability, and the pain, suffering, and mental anguish associated with significant physical injury. The law also provides for compensation for loss of one's enjoyment of life. For example, if a person who loved to play golf or fish were to lose his/her legs in an automobile collision, his/her inability to enjoy that hobby after the injury is one of the things for which the law allows compensation.
Punitive Damages
Compensation for Economic Losses, Disfigurement & Loss Of One’s Enjoyment of Life.
The losses for which the law allows compensation include economic losses, such as past and future medical expenses incurred or made necessary by the wrongful act of another, and past and future loss of earnings. The law of South Carolina also allows compensation for such losses as disfigurement resulting from burns and other kinds of bodily scarring, permanent disability, and the pain, suffering, and mental anguish associated with significant physical injury. The law also provides for compensation for loss of one's enjoyment of life. For example, if a person who loved to play golf or fish were to lose his/her legs in an automobile collision, his/her inability to enjoy that hobby after the injury is one of the things for which the law allows compensation.
In very special circumstances where the evidence clearly and convincingly establishes that the wrongdoer acted recklessly or with intention or with conscious disregard to the results of his acts, an award of punitive damages may be appropriate. For example, if it is proven that a car manufacturer knew that the latch of its vehicle's rear door had a tendency to come open during collisions, and that as a result people were being killed or injured, but did nothing to cure the defect even though the cost would be only a few cents per vehicle, an award of punitive damages would be appropriate.
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