Wrongful Death Lawyer in Florence, SC
Losing a family member due to another person’s negligence can be a trying time for you and your family. Survivors often suffer from severe emotional distress and face costly medical and other expenses. You may be eligible to bring a wrongful death action to recover compensation and hold the accountable party liable.
If you are searching for legal guidance following the death of a loved one, a Florence wrongful death attorney at Anastopoulo Law Firm can determine if your case is applicable and help you explore your legal options. We offer an initial, free consultation with a member of our team.
Types of Wrongful Death Cases
Wrongful death cases are not related to the injuries incurred by the person who passed. Instead, this type of case is a cause of action to ask for repayment to the victim’s family for the financial costs and pain and suffering resulting from their loved one’s death.
Any deadly accident can warrant a wrongful death action based on the circumstances. They may include one of the following:
#1. Car, Truck or Motorcycle Accidents
Motor vehicle accidents make up a large number of wrongful death cases due to the sheer number of drivers on the road. This means that automobile crashes lead to thousands of fatalities each year. According to the South Carolina Department of Transportation (SCDOT), there were 1,005 traffic fatalities in 2019 alone.
Most car accident deaths are a result of driver negligence. This can be due to a number of factors, including speeding, reckless driving, distracted driving, or driving while intoxicated. If any of these apply, the negligent individual may be liable for the deaths of another person involved in the accident, including other drivers and their passengers.
If your loved one died in a truck accident in Florence, SC, more than one party may need to be held responsible for their death. A negligent truck driver, trucking company, or truck part manufacturer could be named in a wrongful death lawsuit based on the cause of the fatal crash.
The city or county might be liable if the accident occurred due to negligent road conditions as a result of poor signage, construction, or flaws in the highway or pavement.
#2. Nursing Home Neglect or Abuse
Filing a wrongful death lawsuit regarding the death of a loved one in a nursing home implies the person would still be alive had they received proper care and/or not have experienced neglect or abuse. If a nursing home is to blame for the loss of your loved one, a Florence, SC wrongful death attorney can investigate your case and collect evidence to support your claim.
#3. Medical Malpractice
Most licensed health providers are highly skilled, but mistakes can occur. These mistakes can transpire when medical personnel don’t follow the correct procedures or are careless and miss something.
If your loved one passed away due to a healthcare provider’s misdiagnosis or failure to diagnose a health problem correctly, you may be able to file a wrongful death lawsuit against the party or parties responsible. This could be a doctor, nurse, technician, or medical facility.
#4. Work Accidents
Occupations that face higher risks, such as hazardous manual labor activities and construction jobs, have higher workplace fatalities. A third party may be liable for the death of your loved one if the fatal accident or incident happened at their job.
#5. Pedestrian Accidents
Not too long ago, South Carolina had one of the highest numbers of pedestrian deaths in the country. According to SCDOT, 123 pedestrians were killed in 2015, making South Carolina the third most dangerous state in the country for these types of fatal accidents.
#6. Defective Products
If a defective product killed your family member, the manufacturer can be held liable. Product liability is the main reason why manufacturers spend considerable time testing products and ensuring their safety. Common examples are defective pharmaceutical products, toxic foods, dangerous products designed for children, and defective vehicle parts.
#7. Who Can File a Wrongful Death Lawsuit?
South Carolina Code Section 15-51-10 addresses wrongful death cases and permits the filing of a lawsuit when a person’s death was “caused by the wrongful act, neglect or default of another.”
Individuals allowed to file a wrongful death lawsuit are typically immediate family members who survive the victim following their untimely death. Therefore, a decedent’s spouse and children are initially the only parties who can bring a wrongful death lawsuit.
However, when no children or spouses survive the victim, a wrongful death lawsuit can be commenced by the decedent’s parents or for the benefit of the decedent’s heirs.
For a free legal consultation with a Personal Injury lawyer serving Florence, call 803-222-2222
Recovering Damages in Wrongful Death Cases
Wrongful death actions are brought to recover the out-of-pocket expenses paid by a victim’s estate and surviving family. Such costs may include funeral expenses and other costs related to your loved one’s lethal injuries and subsequent death.
Damages you may be able to receive in a wrongful death case may include the following:
- Loss of future income or benefits such as work wages or pensions
- Medical, funeral, and burial expenses
- Loss of goods and services the victim could have provided had they not lost their life
Non-economic damages primarily cover pain and suffering, and the emotional distress caused by the loss of your family member. You could also receive financial recovery for loss of consortium. This term refers to the right of association and companionship with one’s spouse.
Punitive damages are intended to penalize a negligent person for harm incurred. The actions that led to your loved one’s death must be deemed intentionally careless, negligent, or reckless.
A wrongful death lawsuit can ultimately provide compensation for the victim’s surviving family’s losses, including the following:
- Financial loss
- Psychological shock and suffering
- Loss of companionship
- Grief and sorrow
- Loss of comfort and use of the decedent’s estate
Florence Wrongful Death Lawyer Near Me 803-222-2222
Contact Us for a Free Consultation Today
Losing a loved one, especially when due to the negligence of another, can be devastating for you and your family. Our attorney who handles wrongful death cases in Florence, SC at Anastopoulo Law Firm may be able to help. Please review what our past clients have to say about our firm on our testimonial page. Call (800) 313-2546 today for your free consultation.