Losing a loved one can be one of the most traumatic experiences in a person’s life. When that loss is due to the negligent or intentional actions of another, the pain and suffering can be overwhelming. In South Carolina, families who have suffered such a loss may be able to pursue a wrongful death lawsuit to hold the responsible party accountable. However, there are many myths about wrongful death lawsuits in South Carolina that can prevent families from getting the justice they deserve. In this blog post, we will debunk some of the most common myths about South Carolina wrongful death lawsuits.
Myth #1: Only immediate family members can file a wrongful death lawsuit.
Fact: While it is true that immediate family members such as spouses and children are typically the ones who file wrongful death lawsuits in South Carolina, other family members may also be able to pursue a claim. This can include parents, siblings, and grandparents, as long as they can show that they suffered damages as a result of the loss.
Myth #2: You can only file a wrongful death lawsuit if the death was intentional.
Fact: Wrongful death lawsuits can be filed in South Carolina for a wide range of causes, including car accidents, medical malpractice, and workplace accidents. The key factor is whether the death was caused by the negligence or wrongful actions of another party, not whether the actions were intentional.
Myth #3: The statute of limitations for filing a wrongful death lawsuit is the same as for personal injury lawsuits.
Fact: While the statute of limitations for personal injury lawsuits in South Carolina is generally three years from the date of the accident or injury, the statute of limitations for wrongful death lawsuits is only two years from the date of death. It is important to consult with an experienced wrongful death attorney as soon as possible to ensure that your claim is filed within the statute of limitations.
Myth #4: Wrongful death lawsuits are only worth pursuing if the deceased was the primary breadwinner.
Fact: Wrongful death lawsuits in South Carolina can provide compensation for a wide range of damages, including funeral expenses, medical bills, lost wages, and loss of companionship. Even if the deceased was not the primary breadwinner, their death may have caused significant financial and emotional harm to their loved ones.
Myth #5: It’s not worth pursuing a wrongful death lawsuit if the responsible party doesn’t have insurance or assets.
Fact: While it is true that collecting damages from a responsible party who doesn’t have insurance or assets can be more challenging, it is still worth pursuing a wrongful death lawsuit. In some cases, there may be insurance policies or other sources of compensation that can be used to provide some measure of justice for the victim’s family.
Myth #6: A criminal conviction is necessary for a successful wrongful death lawsuit.
Fact: While a criminal conviction can certainly help a wrongful death lawsuit, it is not necessary for a successful outcome. In a criminal case, the burden of proof is “beyond a reasonable doubt,” which is a very high standard to meet. In a civil case like a wrongful death lawsuit, the burden of proof is lower, requiring only a “preponderance of evidence.” This means that even if the responsible party is not convicted of a crime, they may still be held liable for damages in a civil lawsuit.
Myth #7: The damages awarded in a wrongful death lawsuit will be taxed.
Fact: In South Carolina, damages awarded in a wrongful death lawsuit are not subject to state or federal income tax. However, if the settlement includes interest, that interest may be subject to taxation.
Myth #8: You can only recover economic damages in a wrongful death lawsuit.
Fact: In addition to economic damages such as medical expenses and lost income, families may also be able to recover non-economic damages such as pain and suffering, loss of consortium, and emotional distress. The amount of non-economic damages that can be awarded in a wrongful death lawsuit will depend on the specific circumstances of the case.
Myth #9: The insurance company will offer a fair settlement without the need for a lawsuit.
Fact: While it is possible that the insurance company will offer a fair settlement without the need for a lawsuit, this is not always the case. Insurance companies are businesses, and their primary goal is to protect their bottom line. This means that they may offer a low settlement amount in the hopes that the victim’s family will accept it rather than pursue legal action. It is important to consult with an experienced wrongful death attorney to ensure that you are getting fair compensation for your losses.
Nimmons Malchow Johnson Injury Lawyers is a law firm with extensive experience in handling wrongful death cases in South Carolina. Our team of skilled attorneys can help families who have lost a loved one due to the negligence or wrongful actions of another party to navigate the complex legal process of pursuing a wrongful death lawsuit. Here’s how we can help:
- Provide legal guidance: We can help you understand your legal rights and options under South Carolina law. We can provide you with guidance on the statute of limitations, who can file a wrongful death lawsuit, and the damages that can be recovered.
- Investigate the case: Our team will conduct a thorough investigation into the circumstances surrounding your loved one’s death. We will gather evidence, interview witnesses, and consult with experts to build a strong case on your behalf.
- Negotiate with insurance companies: We have extensive experience in negotiating with insurance companies to ensure that our clients receive fair compensation for their losses. We will work tirelessly to ensure that the responsible party’s insurance company provides you with a settlement that covers all of your losses.
- Litigate the case: If necessary, we are prepared to take your case to court. Our team has a proven track record of success in the courtroom, and we will fight tirelessly to ensure that you receive the justice and compensation that you deserve.
- Provide emotional support: We understand that losing a loved one can be an incredibly traumatic and emotional experience. We are committed to providing compassionate support to our clients throughout the legal process. Our team will be there for you every step of the way, offering guidance, support, and a listening ear.
At Nimmons Malchow Johnson Injury Lawyers, we believe that families who have suffered a wrongful death deserve justice and compensation. If you have lost a loved one due to the negligence or wrongful actions of another party, we are here to help. Contact us today to schedule a free consultation with one of our experienced wrongful death attorneys.