When you lose someone who you love due to a preventable accident, you can bring a wrongful death case. It is likely that this accident was caused by the negligence of a liable party or entity. Our South Carolina wrongful death lawyers are skilled in finding out who is liable and who you can bring your claim against. Essentially, a wrongful death claim is telling the liable party that they are legally responsible for giving you compensation as a result of the event they are responsible for. You can be compensated for the pain and suffering that your loved one endured before their passing, as well as the wrongful death damages that your family is suffering such as lost wages and earning capacity. In some cases of gross negligence or intent to harm, there can be punitive damages involved in the compensation, too. All of these factors come together in a formula to determine how much the liable party owes.
If you have thought about filing a wrongful death claim, you are most likely feeling uncertain about the way the case will work since odds are you have never had to go through this before. In order to have a case, there are several things that must have happened for the situation to leave you eligible for compensation. You have to be able to identify a liable party who is directed responsible for the loss of your loved one and who was the reason the accident happened. Someone can be liable if they did two things: they could either have failed to protect your loved one or they could have acted in a harmful manner.
Our South Carolina lawyers have to be able to prove that this individual or entity was directly responsible for the passing of your loved one. They have the burden of proof. Once more details of the case unfold, it will be clearer who is responsible for the accident and how it can be proved that it was their fault. This proof will be used to get you the compensation your family deserves.
The way you can recover damages may seem complicated and you will likely need assistance sorting it all out. You can receive compensation for several things, including medical expenses, funeral costs, and punitive damages in certain cases. Punitive damages are reserved for those who have lost someone they love because there was intent to harm or there was a criminal event that resulted in their passing. Our lawyers will make sure that the liable party is held fully accountable.
The wrongful death damages that you can receive compensation for include:
South Carolina law says that you can recover these losses but it is mandated that only a specific person can bring the claim. According to the statute, the plaintiff can only be:
South Carolina law states that if your spouse died in a wrongful death and did not have a will, you must allocate your wrongful death compensation to the child of the victim. This compensation will be protected in a trust until they reach adulthood when they can have access to this compensation.
If you have been looking for skilled and dependable South Carolina wrongful death lawyers to guide you through your case, please do not hesitate to call our office today to set up your free initial consultation.