How do punitive damages work in DUI injury and death cases?

If a drunk driver caused you to suffer serious injuries or a family member’s death in Charleston, the legal consequences go beyond what you might expect. You may be able to pursue not only compensation for your losses but also a separate category of damages explicitly designed to punish the at-fault driver. These are called punitive damages. 

In South Carolina, punitive damages in DUI cases can be substantial. Our experienced Charleston DUI accident lawyers are here to fight for the compensation, punitive damages, and justice you deserve and need to put your life back on track after a drunk driving accident. 

What Are Punitive Damages in DUI Accident Cases?

Punitive damages are distinct from compensatory damages, which cover measurable losses like medical bills, lost income, and pain and suffering. Compensatory damages are meant to make the victim whole. 

Punitive damages serve a different purpose. They exist to punish the defendant and deter others from engaging in the same dangerous behavior. Under South Carolina Code § 15-32-520, they are only awarded in personal injury and wrongful death actions when the victim proves that the drunk driver’s actions were willful, wanton, or reckless. 

In a DUI accident case, the drunk driver's decision to get behind the wheel after drinking is precisely the kind of reckless conduct punitive damages are designed to address. These awards send a message that such behavior carries real financial consequences beyond paying for the harm caused.

When Can You Be Awarded Punitive Damages in a DUI Accident Case in South Carolina? 

South Carolina law sets a higher bar for punitive damages than for compensatory damages. The victim must prove by "clear and convincing evidence" that the defendant's conduct was willful, wanton, or reckless. This burden of proof is a stricter standard than the usual preponderance of the evidence to be awarded compensatory damages.  

In most DUI accident cases, that threshold isn't challenging to meet. Choosing to drive while impaired is, by its nature, a conscious disregard for the safety of others.

Once liability for punitive damages in a DUI accident case is established, the jury weighs a broad set of factors to determine the appropriate award. These include:

• The defendant's degree of culpability. The more deliberate or egregious the drunk driving behavior, the greater the potential award.
• The severity of the harm caused. Serious injuries or fatalities weigh heavily in favor of a larger punitive award.
• The plaintiff's contribution to the harm. If the victim's own conduct played a role in the accident, the jury may consider it in its decision.
• The duration of the conduct and any concealment. A driver who was aware of the risks and tried to hide their impairment faces greater scrutiny.
• A history of similar past conduct. Prior DUI incidents or comparable behavior can significantly increase a punitive award.
• The profitability of the conduct. While less common in DUI cases, this factor addresses situations where the defendant may have benefited financially from the behavior at issue.
• The defendant's ability to pay. The jury considers whether the defendant has the financial means to satisfy a punitive award.
• The likelihood of deterrence. The jury may assess whether the award will discourage the defendant or others from making the same dangerous choice in the future.
• Prior punitive damage awards for the same conduct. If the defendant has already faced punitive damages in another case arising from the same act, the jury takes that into account.
• Criminal penalties already imposed. Any criminal sentence stemming from the same drunk driving incident is relevant to the punitive damages calculation.
• Civil fines already assessed. Fines levied against the defendant as a result of the same conduct are also considered when determining the final award.

How Does the Jury Decide Whether to Award Punitive Damages During a Trial?

South Carolina uses a bifurcated trial process for punitive damages in DUI accident cases. This means the case is divided into two stages. In the first stage, the jury decides whether the defendant is liable and determines the compensatory damages to award to the victim. In the second stage, the same jury applies the factors above to decide whether punitive damages are warranted and, if so, how much to award.

Are There Caps on Punitive Damages in South Carolina?

South Carolina generally limits punitive damages to three times the amount of compensatory damages or $500,000, whichever is greater. However, those caps do not apply in DUI cases. 

If the driver was intoxicated at the time of the crash or was convicted of a felony arising from the same conduct, the cap is lifted entirely. That means the jury has complete discretion to award an amount it considers appropriate, given the facts of the case, which can result in significantly larger awards than in other types of civil claims.

This exception reflects the legislature's recognition that drunk driving isn't a momentary lapse in judgment. It's a choice that puts every other person on the road at risk.

Why You Need a Charleston Accident Lawyer on Your Side

Pursuing punitive damages in a South Carolina DUI case is not a straightforward process. The evidentiary standard is demanding, the trial structure is unique, and the factors a jury considers require careful, strategic presentation. Having the proper legal representation can mean the difference between a standard recovery and an award that provides you and your family with full justice and the compensation you deserve. 

At the Law Office of Sean M. Wilson, our knowledgeable accident lawyers will work hard to build a winning case against the at-fault drunk driver. Here’s how our legal representation can make a difference in your punitive damages DUI accident case:

• Gathering and preserving critical evidence. Police reports, toxicology results, witness statements, and surveillance footage can all disappear or degrade quickly after a crash. Our attorneys will move quickly to secure the evidence that forms the foundation of a solid claim. 
• Calculating the full scope of damages. We’ll fully document and value your medical costs, lost income, long-term care needs, and pain and suffering damages, as well as develop a strong case for you to be awarded punitive damages.
• Identifying all available sources of recovery. Beyond the at-fault driver, liability may extend to other parties. Our skilled lawyers will identify all liable parties and pursue claims against them. 
• Negotiating with insurance companies. The insurance company could work to deny your claim or limit your payout from the moment your claim is filed. We have proven strategies to defeat their disputes to your claim and won’t give up until we reach a fair settlement for you. 
• Preparing the case for trial if necessary. Your case will likely settle before trial. However, we know that meaningful settlement leverage comes from being genuinely prepared to take your case to a jury and knowing how to present it effectively when that moment arrives.

If a drunk driver injured you or someone you love, our dedicated lawyers are here to fight to hold the at-fault driver accountable so that you can focus on recovering from your injuries.