Does South Carolina cap wrongful death damages?

Not generally; malpractice deaths face the noneconomic limit.

Is grief recoverable?

Yes, as grief and sorrow, mental shock and wounded feelings.

Are exemplary damages available?

Yes, for recklessness, willfulness or malice.

Is the malpractice limit per beneficiary?

The statute says per claimant; confirm how it applies to several beneficiaries.

What limits recovery?

Fault above 50% and the joint liability rule.

States With Caps on Wrongful Death Damages

By the FigureMyTax Editorial Team · How we calculate

South Carolina is generous on categories and limits wrongful death damages mainly through its malpractice statute.

Broad categories

Pleadings under the act describe damages including mental shock and suffering, wounded feelings, grief and sorrow, loss of companionship, and financial loss.

Exemplary damages

Under 15-51-40, the jury may give damages, including exemplary damages when the wrongful act, neglect or default was the result of recklessness, willfulness or malice.

The malpractice limit

A death from medical malpractice is subject to the noneconomic damages limit in 15-32-220, which is stated per claimant. Whether it applies to each beneficiary separately is a question to confirm.

Punitive damages

Punitive damages are limited by 15-32-530.

How other states compare

South Carolina is closer to Ohio and Rhode Island in allowing grief-type damages than to New York or New Jersey, and its only dollar limit is the malpractice cap.

Injured in South Carolina?

A local personal injury attorney can review your claim — many offer a free consultation.

Talk to a South Carolina attorney

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how South Carolina's rules apply to your specific case with a licensed South Carolina attorney.