Have you ever wanted to know more about damages?  What are they?  How do you argue for them?  Can you even argue for them?  The legal treatise South Carolina Damages, 2d edition has all these answers and more.

More than sixty of South Carolina’s most notable judges, attorneys, and professors collaborated in writing South Carolina Damages.  In fact, this treatise serves as the only of its kind and most informative in South Carolina damages law. The book covers nearly every area of damages law in South Carolina.  These damage aspects range from policies behind damages law to its practical applications.  If you are looking to learn more about damages in general or even how to navigate damages in practice, South Carolina Damages is the book to turn to.

The book is broken into six parts.  Part one is damages in general.  This chapter discusses the necessity of damages, types of damages, and proof required for recovery of damages.  There are three types of damages: compensatory, nominal, and punitive.  Compensatory damages, or actual damages, serve to compensate the injured party.  These damages aim to restore the injured party to the position the party was in prior to the harm.  Nominal damages serve as an affirmation of the plaintiff being wronged even in cases where there may be no actual injury.  This can often result in the plaintiff receiving trivial damages like $1.  Punitive damages are the rarest of the three.  Because of this, punitive damages require the greatest burden of proof in civil cases: clear and convincing evidence.  Punitive damages serve to punish defendants for their behavior.

Part two details where compensatory damages apply in South Carolina.  In this part you can find the impact of contributory negligence, as well as compensatory damages applied in areas such as personal injury and contract damages.  Part three is about punitive damages and their application in South Carolina.  Here you can expect to find information about punitive damages, limitations, amounts, constitutional issues, and more.  Part four is titled “miscellaneous damages topics.”  In this chapter you can information about settlement issues, prejudgment interest, taxation of judgments, limitations, and more. Part five is focused on permissible arguments on damages in closing arguments.

The final part of South Carolina Damages is about damages for specific causes of action.  Specific causes of actions are listed in the table of contents. Each specific cause of action has detailed explanations of the damages that apply and the policies behind them.  Medical malpractice is one example. The chapter is broken up into an overview, actual damages, punitive damages, and offer of judgment. 

South Carolina Damages, 2d ed., is one of the most useful sources you can consult to locate damages information. The treatise serves as a definitive guide for practicing attorneys, students, and those wanting to learn more about damages. 

South Carolina Damages can be found as a print library book or on Lexis.

South Carolina Damages (James L. Ward, Jr. and Edward J. Westbrook eds., 2d ed. 2009 & Supp. 2017) – SC KFS 1890 .D3 S68 2009.

J. Dante Meade