What Types of Compensations Are Available in Elder Abuse Claims in South Carolina?

When an elder person dies because of someone else’s negligence or wrongful conduct, South Carolina law allows surviving family members to pursue compensation through a wrongful death claim. Damages that may be recovered include financial losses like medical bills and lost income, as well as non-economic losses such as grief, mental anguish, and loss of companionship. In certain cases involving especially reckless conduct, punitive damages may also be available. Speaking with a wrongful death attorney as early as possible can help families understand what they may be entitled to and how the process works. Every case is unique, and the specific damages available depend on the facts and circumstances involved.

Losing someone because of another party’s carelessness is one of the hardest things a family can face. At Hughey Law Firm, we are here to help you understand your options and remain calm during an incredibly difficult time.

Key Takeaways

• Elder abuse claims in South Carolina may allow families to pursue economic, non-economic, and punitive damages.
• Compensation can cover medical bills, pain and suffering, emotional distress, and more.
• Punitive damages may be available when a facility’s conduct was especially reckless or intentional.
• Every case is different, and compensation amounts vary based on the specific circumstances.
• Consulting an elder abuse attorney can help families understand which types of damages may apply.

What are economic damages in an elder abuse case?

Economic damages are the measurable financial losses that result directly from the abuse or neglect. These are costs that can be documented with bills, receipts, and records, and they are often the foundation of an elder abuse claim because they reflect what your family has already spent, or will need to spend, as a result of what unfortunately happened.

Medical expenses are typically the most significant component. If your loved one was rushed to a medical center with pressure wounds, broken bones, or signs of malnutrition after a facility failed to provide basic care, those hospital bills, specialist visits, surgeries, and rehabilitation costs may all be recoverable if the process is done right. Future medical care can also be included, especially when the injuries require long-term treatment or have permanently affected their health. Rest assured that with the right support, this problem can be solved.

Relocation costs may also be part of economic damages. When a family discovers that a nursing home or assisted living facility has been neglectful or abusive, they often move their _family member immediately. The expenses tied to that transition, including deposits, transportation, and new care assessments, may be recoverable too.

Finally, if your family member passes away as a result of the abuse or neglect, a wrongful death claim may allow surviving family members to recover funeral and burial expenses as part of the economic damages.

What are non-economic damages in an elder abuse case?

Non-economic damages, on the other hand, compensate for harm that cannot be assigned a specific dollar amount, yet is still very real and painful for the elderly person and their family. These damages are often the most emotionally significant part of an elder abuse claim. They address the victim’s actual experience when they were harmed.

Pain and suffering is the most common category. For example, when a resident develops stage-three pressure sores because staff failed to turn them in bed, or when they are found dehydrated and barely conscious because staff failed to ensure they were eating and drinking, it’s not just a medical situation. It’s physical and, eventually, emotional suffering that persists for months while family members trust the facility to provide care.

Emotional distress damages account for the psychological impact of the abuse. Survivors of elder abuse may experience anxiety, depression, and post-traumatic responses that affect their remaining years. Courts in South Carolina recognize these harms as legitimate and compensable.

Loss of dignity is another element courts and juries take very seriously. Nursing home residents are entitled to be treated with respect, so when a facility strips that away through verbal abuse, neglect, or humiliating treatment, that violation of dignity has value in a legal claim.

Last but not least, for family members, loss of companionship may also be recoverable in wrongful death situations, reflecting the emotional bond that was cut short by an unfortunate situation that could be preventable.

Can punitive damages be awarded in elder abuse cases?

Punitive damages may be available if a facility’s conduct was particularly reckless, malicious, or intentional, going beyond ordinary negligence. South Carolina law allows punitive damages in certain civil cases where the defendant acted with malice, meaning they knew their actions could cause harm and proceeded anyway. In the context of elder abuse, for example, this might apply when a nursing home knowingly understaffed its facility despite repeated complaints, if administrators concealed evidence of abuse, or if a pattern of neglect was documented internally but never corrected.

Punitive damages are not guaranteed and are not awarded in every case. They are intended to punish the responsible party and deter similar conduct in the future. When a care facility treats residents as a source of revenue while cutting corners on staffing and safety, punitive damages can send a message that this behavior has consequences.

Past results do not guarantee future outcomes, but you can rely on our team at Hughey Law Firm. We make this process much easier and aim to achieve the best possible results. Call us now at (843) 881-8644 for a free consultation!

How are compensation amounts determined?

The value of an elder abuse claim depends on the specific facts of each case, including the severity of the harm, the duration of the abuse or neglect, and the strength of the evidence.

An elder abuse attorney will typically evaluate several factors when assessing a claim, that’s why the nature and extent of your loved one’s injuries matter significantly. A single incident resulting in a bruise carries different weight than months of documented neglect leading to permanent disability or the worst scenario: death. The quality of medical records, staff reports, state inspection findings, and witness accounts all shape the overall picture. South Carolina’s Adult Protective Services and DHEC inspection reports can be the most powerful evidence in these cases.

Insurance coverage available through the facility, the facility’s corporate structure, and whether multiple defendants are involved can also affect the ultimate recovery. These calculations are complex, which is why it matters to speak with an experienced elder abuse attorney early in the process. The Hughey Law Firm has the best team for these cases.

Take the next step for your loved one!

If someone you love has suffered abuse or neglect in a South Carolina nursing home or care facility, you deserve clear answers and experienced guidance. Compensation may be available for the medical costs, the suffering, and the harm that should never have happened. Our team at Hughey Law Firm has helped families across Charleston, Columbia, Myrtle Beach, and throughout South Carolina hold negligent facilities accountable, recovering over $300 million in verdicts and settlements.  Call (843) 881-8644 for a free consultation, fill out our contact form, or connect with our team through live chat. We are ready to listen.

Frequently Asked Questions

Disclaimer: This blog post is intended for general informational and educational purposes only and does not constitute legal advice. Every case is different. You should not act or refrain from acting on the basis of this content without consulting a licensed attorney. Past results do not guarantee future outcomes. Hughey Law Firm is located at 171 Church Street, Suite 330, Charleston, SC 29401.

Nathan Hughey

Nathan Hughey, an attorney and fourth-generation South Carolinian, founded Hughey Law Firm in 2007. Before that, he spent five years defending nursing homes and insurance companies. Leveraging his experience, he now advocates for those injured or wronged by such entities, securing over $300 million in verdicts and settlements.