KW Economics prepares economic damages analyses for personal injury cases venued in South Carolina: the components the loss claim consists of, the records that drive them, and a present value built to South Carolina's damages rules and venues. Plaintiff and defense.
A personal injury economic claim consists of the earnings and fringe benefits the injury has taken away, the household work the person can no longer do, and the present value of the future care the record supports, each tied to the person's own records. Read the full personal injury analysis guide.
South Carolina courts ask whether the economist is qualified by training and experience, whether the opinion rests on a reliable basis, and whether it will assist the fact finder, under a reliability inquiry of the state's own that does not adopt the federal test. An economic damages report meets that inquiry by showing the published basis for each assumption and its application to the record.
Highest court: Supreme Court of South Carolina. Federal venues: D.S.C. Court system: sccourts.org.
Outside the civil courts, wage-loss disputes in workers' compensation matters proceed before the South Carolina Workers' Compensation Commission.
South Carolina pairs a wrongful death action for the beneficiaries' pecuniary loss, mental shock, wounded feelings, and loss of companionship with a survival action for the decedent's pre-death losses and suffering, both brought by the personal representative. Recovery is barred once the plaintiff's fault exceeds the combined fault of the defendants, the common-law collateral source rule applies, statutory limits apply to noneconomic damages in medical malpractice claims while economic damages are unlimited, and prejudgment interest is generally limited to liquidated sums.
The same four steps apply to a personal injury case venued in South Carolina; the damages framework above decides which components enter the total.
Personal Injury cases venued in South Carolina are heard in the Circuit Court (General jurisdiction; larger civil cases, felonies; two divisions, Common Pleas for civil and General Sessions for criminal matters). Final appeals run to the Supreme Court of South Carolina. Matters within federal jurisdiction proceed in the United States District Court for the District of South Carolina.
South Carolina pairs a wrongful death action for the beneficiaries' pecuniary loss, mental shock, wounded feelings, and loss of companionship with a survival action for the decedent's pre-death losses and suffering, both brought by the personal representative. Recovery is barred once the plaintiff's fault exceeds the combined fault of the defendants, the common-law collateral source rule applies, statutory limits apply to noneconomic damages in medical malpractice claims while economic damages are unlimited, and prejudgment interest is generally limited to liquidated sums. South Carolina courts ask whether the economist is qualified by training and experience, whether the opinion rests on a reliable basis, and whether it will assist the fact finder, under a reliability inquiry of the state's own that does not adopt the federal test. An economic damages report meets that inquiry by showing the published basis for each assumption and its application to the record.
Request a consultation on personal injury cases in South Carolina or call (201) 343-0700. Plaintiff and defense counsel.