Tammy Hollifield

May 31, 2025

Working with Rob Usry and his team was a great experience. They took the time to answer all our questions about my husband's worker's comp case and did everything they could to make the process as easy for us as possible. We would highly recommend them for your legal needs.

Rebecca Smith

May 15, 2025

Mr. Usry and his staff are wonderful to work with. I reached out for advice when a recent accident caused damage to my house and car. They answered all my questions and explained all my options. They have the knowledge and haven't forgotten how to treat people with kindness and respect. I wholeheartedly recommend them.

Rebecca Smith

May 15, 2025

I used this firm to help with a workman's comp dispute. We started the process on February 1, 2023 and had a settlement agreement by August 22, 2023. I found the office staff to be friendly and more than capable to answer my questions and guide me through this process. Pam Worley and Rose Fagan sent prompt emails letting me know what I needed to do and the status of the claim. Mr. Rob Usry was patient and called personally to let me know what was happening and what the next step would be. He negotiated well with the Workman's Comp legal team and reached a fair agreement. If you are looking for an attorney that communicates well, is friendly, and will work in you behalf, I strongly recommend Holland & Usry, P.A.

Randall Garrett

May 13, 2025

I got hurt on the job in Gaffney SC. I saw rather quickly that I was going to need help. Rob Usry was referred by a friend who had a great experience with their services. So I contacted them and it was the best move I could have ever made. Rob and his staff were amazing they treated me and my wife like family. They left no stone unturned while working on my case and I could not be happier with the results. I would highly recommend Rob Usry and his team to anyone who is in need of a lawyer in the upstate. They are the best in the business.

Vickie Alumbaugh

May 3, 2025

Rob Ursy PA and Rose Fagan did a wonderful job with my workmen compensation case. I slipped at my work in Spartanburg, SC. I was treated respectfully and that I was important. They helped me communicate with workmen compensation to get a case the right way. Communicate with opposing counsel. An settlement was offered. Ultimately, I settled with workmen compensation insurance thru my work. The settlement was for good bit more than was originally offered. I am glad I got what I needed to get my injury repaired. Thank you!!

Jason Wines

March 25, 2025

I had a great experience.The staff really goes the extra mile to serv you and your needs. When ever I need the help of a trusted law firm I will always turn to them.

Wendie Lawson

March 7, 2025

Seeking help from an attorney was not on my radar when I was injured at work. Unfortunately, workers compensation became a barrier between me and the treatment I needed. Months battling workers compensation, being questioned relentlessly and then rejected, I contacted Holland & Usry, P.A. Mr. Usry and his team went to bat for me and I received the necessary treatment I needed, in addition to medical bills being paid. Workers compensation is a bear to deal with. If not for Mr. Usry and Rose, I would still be in a needless and stressful battle with them - this I am sure! I am extremely grateful for the honesty, integrity and compassion given me from this group! My journey is still in motion and Mr. Usry and Rose are taking care of business! Wendie Lawson I

Marilyn Anderson

February 20, 2025

My husband and I were victims of a hit and run accident about a year ago, My husband suffered a cracked clavicle and deep bruises to both knees, my injuries required a session of physical therapy. We had never been in an accident, and we felt victimized - our car was totaled, and we both suffered panful injuries. Following advice of friends and family, we decided to consult an attorney. Rob Usry was highly recommended, and we decided to ask him to represent us. Rob and his staff - Rose and Pam - were professional, thorough and supportive . They walked us through every step of the way. Since my husband and i are senior citizens with little experience with lawsuits, and unreliable computer skills, we needed help. Rose patiently answered our question and coached us along through computer glitches. Pam would organize and evaluate the seemingly endless maze of medical bills. When it came time to dicker with with insurance companies, Rob was the persistent master of negotiations, and we are very happy with the outcomes of our case. We are thankful to Rob Usry , Attorney At Law. and his staff, and highly recommend them to help you find the answers to the question - I Just Got In a South Carolina Car Accident. Now What.?

Does South Carolina limit or cap how much of a punitive damages settlement I can get for an accident case? If so, what’s the limit?

South Carolina law does limit punitive damages in accident cases, but there are exceptions you need to know.

South Carolina Punitive Damage Award Limits for Most Cases

For most accident cases, South Carolina limits punitive damage awards to the greater of three times the actual damages or $500,000. So, if you get $100,000 in actual damages, the most you can get in punitive damages is $500,000. If you get $200,000 in actual damages, the most punitive damages you can get is $600,000—three times the actual damages of $200,000.

The jury isn’t told about this limit. I’m about to tell you why.

Punitive damages can have a real impact on the outcome of your case. Our Spartanburg injury lawyers can increase the odds of a successful South Carolina accident injury settlement. Call toll free at (864) 582-0416 to discuss your situation or provide your information through a form on our site.

Exceptions to Increase the Limit

If the jury comes back with a punitive damages award higher than the limit, the judge can increase the limit to the greater of four times actual damages or $2,000,000, if the judge determines:

The defendant’s wrongful conduct was motived primarily by greed, and the defendant acted unreasonably dangerous with a high likelihood of injury resulting from it, with the knowledge or approval of high-ranking employees or supervisors, or
The defendant could be subjected to a felony conviction for the act or conduct that caused the accident.

In this scenario, if the jury awarded $1 million in actual damages and $10 million in punitive damages, the judge could allow $4 million in punitive damages—four times the actual damages of $1 million. If the jury gave $100,000 in actual damages and $5 million in punitive damages, the judge could allow $2 million in punitive damages.

Exceptions That Eliminate the Limit

If the trial judge determines one of the following occurred, there is no limit on punitive damages:

The accident occurred because the defendant was under the influence of alcohol or drugs. This is often the most likely exception, usually due to a drunk driver who causes a car accident, which might result in a dram shop action or lawsuit against any bars or restaurants we can prove overserved the DUI driver.
The defendant intended to harm you. Warning: This usually gets cases excluded from insurance coverage, which pays most settlements. You’ve got to be extremely cautious in most cases to avoid this since most defendants can’t pay from their own pockets. You don’t want to hit a grand slam but break your back in the process.
The defendant was convicted of a felony for the act or conduct that hurt you.

Cases Where Punitive Damages Are Unavailable

South Carolina law shields some defendants from punitive damages, no matter what. In these cases, actual damages are also limited. So, the law’s against you, and these entities also have insurance companies to make it worse on you—working to grind down the settlement you can get.

The lucky defendants who get a free pass for recklessness include:

Government offices. This includes car accidents caused by city, county, or state employees while driving government vehicles (including the police) or falls at public buildings owned by cities, counties, or states. It also includes public schools. And here’s a shocker. The definition of “government entity” is so broad it includes agencies you might never think—like some hospitals.
Charities. Again, the law is very broad, defining “charity” as any tax-exempt organization. That includes most charities, but also churches.

While these organizations are largely good and necessary, all these laws really do is protect their insurance companies from paying what they should to innocent victims. That includes government offices—generally, taxpayers don’t foot the bill for accident and injury settlements. As we all know, the government and even the best charity are run by people, and people sometimes ignore safety, causing life-changing injuries or even wrongful death. These groups shouldn’t be any less responsible, but this is a situation where the law is what it is.

Punitive Damages Are Complicated. Get Professional Help to Build Your Case.

If you’ve got a case potentially involving punitive damages in South Carolina, here’s our three-step process to evaluate it:

We customize your case to determine whether it fits the legal purpose of punitive damages.
We analyze fault to determine if we can prove whether it rises to the level of “recklessness” required to get punitive damages.
To estimate the potential punitive damages value, if we evaluate your case under the microscope of the 12 factors South Carolina law gives for setting the amount of punitive damages.

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