In South Carolina, the Collateral Source Rule provides that compensation received by an injured party from a source wholly independent of the wrongdoer will not reduce the amount of damages owed by the wrongdoer. In other words, under the Collateral Source Rule, if an injured plaintiff receives compensation for his injuries from a source wholly… Continue Reading

In South Carolina, a party who has suffered injury or damage from the actionable conduct of another is under a duty to make all reasonable efforts to minimize the damages incurred. To the extent that he reasonably could have so minimized those damages and failed to do so, he is not entitled to recover from… Continue Reading

In South Carolina, punitive damages, also known as exemplary damages, are designed to serve at least three purposes: punishment of the defendant’s reckless, willful, wanton, or malicious conduct; deterrence of similar future conduct by the defendant or others; and compensation for the reckless or willful invasion of the plaintiff’s private rights. The paramount purpose for… Continue Reading

Pain and suffering is a material element of damages on which a recovery may be based in South Carolina. The plaintiff is entitled to compensation for pain and suffering directly resulting from the wrongful acts of the defendant. An award for pain and suffering compensates the injured person for the physical discomfort and the emotional… Continue Reading

In South Carolina, an injured party may recover for mental anguish brought about by bodily injury and suffering. Where a party’s negligence is directly responsible for physical injury to another, the injured party may recover both for actual physical injury sustained and for concomitant mental and emotional suffering which flow as a natural consequence of… Continue Reading

In South Carolina personal injury actions, the general rule is that the plaintiff may recover for the necessary and reasonable expenses caused by the injury, such as amounts necessarily incurred for medicine, medical services, hospital expense and care, and nursing. A person who suffers personal injuries because of the negligence of another is entitled to… Continue Reading

In South Carolina, when a person is injured by the negligent act of another, the injured person is entitled to be fully compensated for all injuries directly or approximately resulting from any negligent act or omission by the defendant. In determining the amount of compensation for injuries suffered by the plaintiff as a result of… Continue Reading

Supreme Court: According to Article V, Section 3 of the S.C. Constitution, the members of the Supreme Court shall be elected by a joint public vote of the General Assembly. In any contested election, the vote of each member of the General Assembly present and voting must be recorded. According to Article V, Section 27… Continue Reading