Story by Joel Berly
November 12, 2025
Non-economic damages in South Carolina wrongful death cases address the emotional and relational losses suffered by families after losing a loved one due to negligence. These damages include grief, loss of companionship, and emotional distress, which cannot be quantified like medical bills or lost wages. South Carolina law allows families to seek compensation for these intangible impacts, emphasizing their importance alongside economic damages.
Key Points:
Understanding these laws ensures families can secure fair compensation for their loss.
After understanding what non-economic damages entail, it’s important to explore the specific types recognized under South Carolina law. These damages allow families to seek compensation for emotional and relational losses – those intangible impacts that deeply affect survivors in the wake of a wrongful death.
This type of damage addresses the psychological pain survivors endure after losing a loved one. It encompasses feelings of grief, depression, anxiety, and trauma directly linked to the wrongful death. Courts rely on evidence like counseling records, therapy notes, and medical documentation to assess the depth of this suffering.
Survivors may also present personal journals or diaries that reveal how their grief impacts daily life, whether it’s struggling at work or in personal relationships. Additionally, records showing participation in therapy or grief counseling can further illustrate the extent of emotional distress. These details help courts understand the profound mental toll survivors face.
Beyond this psychological pain, survivors often grapple with the absence of emotional support in their daily lives.
This category reflects the emotional support, affection, advice, and nurturing that the deceased provided. It’s not just about the physical absence but also the loss of meaningful relationships and everyday moments that once enriched the lives of survivors.
For example, children lose the guidance and care of a parent, while spouses are left without the intimacy and support they once shared. Evidence like family photographs or videos, along with testimonials from friends and community members, can help illustrate the deceased’s role in providing this emotional foundation.
These losses deepen the emotional void survivors endure, making the absence even harder to bear.
This refers to the ongoing emotional pain and sorrow experienced by those left behind. It’s separate from claims related to the deceased’s pain and suffering before passing, which are handled differently.
The emotional impact can ripple through every part of a survivor’s life, often lasting for years or even decades. Courts examine how the loss has disrupted daily routines, looking at changes in sleep patterns, appetite, or social activities to grasp the full extent of the suffering.
Expert witnesses, such as mental health professionals and economists, play a key role in evaluating these non-economic losses. Their assessments provide courts with a clearer picture of the long-term effects on survivors.
When South Carolina courts determine compensation for non-economic damages in wrongful death cases, they take several factors into account to reflect the emotional and relational toll on surviving family members.
The bond between the deceased and their family members is a key consideration. For instance, the loss of a child can leave parents grappling with overwhelming grief and the absence of shared milestones that will never come to pass. Similarly, when a grandparent dies, grandchildren lose a source of wisdom and cherished family traditions. Courts also examine the deceased’s age and potential future contributions to the family, ensuring the full scope of the loss is considered. This detailed analysis helps lay the groundwork for presenting evidence that captures the emotional impact.
To substantiate claims of emotional loss, attorneys rely on a range of evidence. Family photographs, videos, heartfelt testimonials, and personal journals can vividly illustrate the depth of relationships and the daily void left by the loss. Additionally, mental health evaluations provide a clearer picture of grief and its effects on surviving family members.
Armed with this evidence, South Carolina courts use various methods to assess survivors’ claims. Expert testimony often plays a crucial role, particularly when evaluating the economic value of lost household contributions. Courts also examine the degree of negligence involved in the case. Non-economic damages are further assessed by observing changes in survivors’ sleep patterns, appetite, social behavior, and work performance. In some cases, experts project future care needs to ensure that long-term effects are acknowledged.
South Carolina enforces specific limits on damages in wrongful death cases, particularly those tied to medical malpractice. These caps primarily affect non-economic damages, which include compensation for pain and suffering, emotional distress, and loss of companionship.
When wrongful death results from medical negligence, South Carolina imposes strict caps on non-economic damages. The limit is $350,000 per defendant, with an overall cap of $1.05 million if multiple healthcare providers or institutions are found liable. These caps specifically apply to damages related to pain, emotional suffering, and loss of companionship. To account for inflation, these figures are adjusted annually, with updates published by the South Carolina Revenue and Fiscal Affairs Office.
However, there are notable exceptions. The caps do not apply in cases where the defendant is found guilty of gross negligence, willful misconduct, or evidence tampering.
For wrongful death cases unrelated to medical malpractice – such as those involving car accidents, workplace injuries, or defective products – South Carolina does not impose caps on non-economic damages. This allows juries to determine compensation based on the specific details and evidence of each case. In these instances, judges also have the flexibility to assess non-economic damages without statutory restrictions.
Punitive damages serve a different purpose – they aim to penalize particularly egregious behavior and discourage similar actions in the future. These damages are only awarded when there is clear and convincing evidence of willful, reckless, or wanton conduct.
In South Carolina, punitive damages are generally capped at three times the combined economic and non-economic damages awarded or $500,000, whichever is greater. However, these limits are lifted in cases involving a felony conviction or clear evidence of intentional misconduct.
Courts carefully evaluate the defendant’s actions, the extent of harm caused, and whether the misconduct was part of a broader pattern when deciding punitive awards.
| Type of Case | Non-Economic Damages Cap | Punitive Damages Cap | Economic Damages Cap |
|---|---|---|---|
| General Wrongful Death | No cap | 3× actual damages or $500,000 | No cap |
| Medical Malpractice | $350,000 per defendant; $1.05M total | 3× actual damages or $500,000 | No cap |
| Government Entity (SCTCA) | Special caps apply | Special caps apply | Special caps apply |
Understanding these legal limits is essential for families navigating wrongful death claims in South Carolina. It helps set realistic expectations about the compensation that may be available under state law.
Losing a loved one is devastating, and navigating a wrongful death claim during such a time can feel overwhelming. Between complex legal requirements and damage caps, families often face an uphill battle. That’s where Berly Rouse Attorneys steps in, offering the experienced legal guidance families need to seek justice and compensation.
With decades of trial experience, Berly Rouse Attorneys focuses on helping South Carolina families secure fair compensation in wrongful death cases. Their expertise extends beyond calculating financial damages – they also emphasize the emotional toll of such a loss.
The Charleston-based firm takes a personalized, client-first approach, understanding that every family’s situation is unique. They work to capture the full extent of non-economic losses, such as the absence of daily companionship or the guidance a loved one can no longer provide.
"We take a personalized approach to ensure you feel supported and informed throughout the process." – Berly Rouse Attorneys
This tailored attention not only helps families feel heard but also strengthens the case by thoroughly documenting the emotional impact of their loss.
Securing compensation for non-economic damages – like emotional suffering and loss of companionship – requires compelling evidence. Berly Rouse Attorneys excels at building strong, persuasive cases that resonate with South Carolina judges and juries.
The firm gathers critical evidence, including photos, videos, testimonials, and records of the deceased’s caregiving contributions. They also encourage families to keep detailed journals that document how their daily lives have been affected. This holistic approach ensures that the emotional weight of the loss is clearly communicated.
"We pride ourselves on being trial lawyers who aren’t afraid to take your case to court if that’s what it takes to get the best outcome." – Berly Rouse Attorneys
With extensive experience in state and federal courts, the firm skillfully handles South Carolina’s legal requirements, such as probate court approvals and negotiations with insurance companies. Their confidence and expertise help families navigate these challenges with ease.
Berly Rouse Attorneys understands the financial strain families may face after a loss, which is why they offer free initial consultations. During these sessions, attorneys review the circumstances of the death, explain legal rights, and outline next steps – all at no cost.
Families are encouraged to bring relevant information, such as medical records, accident reports, and details about the deceased’s role in their lives. This ensures a thorough evaluation of the claim.
The firm operates on a contingency basis, meaning clients only pay if their case is successful. This eliminates upfront costs, allowing families to focus on healing while the attorneys handle the legal complexities. The contingency model also aligns the firm’s interests with the family’s goal of maximizing compensation.
| Service | Cost | When Payment Due |
|---|---|---|
| Initial Consultation | Free | No payment required |
| Case Evaluation | Free | No payment required |
| Full Legal Representation | Percentage of settlement | Only if the case is successful |
To build a strong case for non-economic damages in a South Carolina wrongful death lawsuit, you’ll need to provide evidence that highlights the emotional and psychological toll of the loss. This could involve testimony from family or close friends about the deceased’s importance in their lives, expert evaluations from mental health professionals, and records that illustrate the grief and suffering endured by surviving loved ones.
Since non-economic damages address losses like mental anguish, loss of companionship, and emotional distress, presenting deeply personal and persuasive evidence is essential. A skilled attorney can help you collect and present this evidence effectively, ensuring your case is as strong as possible.
In South Carolina, courts assess non-economic damages in wrongful death cases by focusing on the emotional and intangible harm experienced by the deceased’s family. These damages often cover mental anguish, emotional distress, loss of companionship, and the loss of care and guidance that the deceased would have provided.
Since non-economic damages are inherently subjective and not easily measurable, courts take into account factors like the nature of the relationship with the deceased, how the loss has affected the surviving family members, and the specific details of the case. Having skilled legal representation is crucial to effectively present these considerations. For those facing this challenging process, Berly Rouse Attorneys provides compassionate and knowledgeable guidance, specifically aligned with South Carolina’s legal framework.
Yes, South Carolina law does place limits on non-economic damages in medical malpractice cases, including those involving wrongful death. However, there are exceptions to these caps. For example, if the malpractice involved gross negligence, willful misconduct, or reckless behavior, the damage limits might not apply. Cases with multiple defendants could also have unique considerations when it comes to these restrictions.
If you’re wondering how these exceptions might impact your case, it’s crucial to consult with a skilled attorney. Berly Rouse Attorneys, located in Charleston, SC, provides dedicated and experienced legal support for wrongful death claims, working to ensure you pursue the compensation you’re entitled to.
If you need experienced legal representation in Charleston, South Carolina, contact Berly Rouse. Our team is ready to help you achieve the best possible outcome. Visit our offices or call today to schedule a consultation to discuss your case.
At Berly Rouse, we’re proud to be a leading law firm in Charleston, SC, committed to serving our community with integrity, dedication, and legal excellence. Let us put our experience to work for you.
The Law Isn't Always Black and White, We Provide Clarity When It's Complex
Berly Rouse | Attorneys at Law
311 Johnnie Dodds Blvd, Ste. 171
Mount Pleasant, SC 29464
© 2025 Berly Rouse Attorneys at Law. All Rights Reserved.
