When you’ve been hurt in a car accident, boating accident, or any other type of accident, your injuries can impact far more than your finances. Physical pain, emotional distress, and the loss of enjoyment of life can change your life overnight. These types of losses are called non-economic damages and are just as real as medical bills or lost wages.
Knowing how non-economic damages work can help you understand your rights and what your case may be worth if you’ve suffered harm because of someone else’s negligence in South Carolina.
What Are Non-Economic Damages?
Non-economic damages are the losses you suffer that don’t have a direct dollar amount attached to them. They focus on an injury’s emotional, mental, and personal effects. While economic damages cover financial losses like hospital bills or property damage, non-economic damages address how an injury can disrupt your quality of life. In South Carolina, these damages are meant to acknowledge and compensate you for your personal losses.
Common Examples of Non-Economic Damages
Non-economic damages can take many forms, depending on the type of accident and injury. Common examples include:
Pain and Suffering
Your injury has caused you to experience physical discomfort and limitations, which may be temporary or permanent.
Emotional Distress
Accidents can cause mental health struggles, including anxiety, depression, insomnia, and post-traumatic stress disorder (PTSD).
Loss of Enjoyment of Life
The inability to participate in activities you once enjoyed, from hobbies and sports to family events, can be disruptive.
Physical Disfigurement or Scarring
Visible injuries can cause embarrassment, self-consciousness, or a loss of confidence.
Loss of Consortium
The accident may negatively affect your relationship with your spouse or family members.
Each of these damages focuses on the personal toll of the injury, not just the financial costs.
How South Carolina Law Handles Non-Economic Damages
South Carolina law recognizes that your pain and emotional suffering deserve fair compensation. However, certain rules and limitations apply.
The Role of Comparative Negligence
South Carolina uses a modified comparative negligence rule. If you are found partially at fault for your injury, your damages may be reduced by your percentage of fault. If you’re more than 50% at fault, you can’t recover compensation.
Caps on Non-Economic Damages
In some cases, especially medical malpractice lawsuits, South Carolina law sets limits on how much you can receive for non-economic damages. For example, there is generally a cap of $350,000 per defendant (and a maximum of $1.05 million total) in medical malpractice claims. These caps don’t usually apply to standard car accident or premises liability cases.
Proving Non-Economic Damages
Because these damages are not tied to bills or receipts, proving them can be challenging. Your legal team will need to show the extent of your suffering by providing evidence such as:
- Medical records detailing your injuries and treatment
- Testimony from doctors or mental health professionals explaining your pain, limitations, and emotional struggles
- Personal statements from you, family, friends, and coworkers about how your life has changed
- Photos and videos showing your injuries and their impact over time
- Expert testimony about the long-term effects of your injuries
The more detailed and consistent the evidence, the stronger your claim for non-economic damages will be.
How Non-Economic Damages Are Calculated
There is no exact formula for calculating non-economic damages in South Carolina. Instead, they are determined based on factors like:
- The severity of your injuries
- Length of recovery time or whether the injury is permanent
- Impact on your daily life and ability to work or enjoy activities
- Your age and health before the accident
- The emotional and psychological effects of the injury
Your attorney can work with medical and vocational experts to help the court or insurance company understand the true value of your suffering.
The Difference Between Economic and Non-Economic Damages
Understanding the difference between the two main types of damages is key in a personal injury case:
- Economic damages: tangible financial losses, like hospital bills, physical therapy costs, and lost wages
- Non-economic damages: intangible personal losses, like pain, mental anguish, or loss of companionship
Both types work together to make you “whole” after an injury — addressing not just your expenses but your quality of life.
Contact a North Myrtle Beach Personal Injury Lawyer at Stanley Personal Injury Lawyers for a Free Consultation
Your injuries affect more than your bank account. They change how you live, feel, and interact with the world. With the right legal guidance, you can pursue compensation that acknowledges not only your medical bills and lost income, but also your pain, grief, and loss of enjoyment of life.
Contact Stanley Personal Injury Lawyers at (843) 390-9111 to arrange a free consultation with a North Myrtle Beach personal injury attorney.