Lawsuits and Damages for Wrongful Death
The sudden or unexpected loss of a loved one is a devastating event. If the death is due to an accident or injury, the grieving process can be even more painful and complicated. Family members are often still in shock while dealing with immediate concerns, such as making funeral arrangements and financial affairs.
There may be questions and anger over the circumstances surrounding the death, as well as fear of what the future will hold without the person, both emotionally and financially. For grieving families, receivingcompensation for the death of a loved one isn’t always the first thing on their minds; but a wrongful death lawsuit can help survivors deal financially with both the short and long term impacts of a sudden loss.
WRONGFUL DEATH DUE TO ACCIDENT OR INJURY
A claim of wrongful death may arise out of any type of accident or injury caused either intentionally or unintentionally by the negligent actions of another party. According to the Centers for Disease Control and Prevention (CDC) in Atlanta, unintentional injury deaths are the fourth leading cause of death in the United States. Over 130,000 people each year are killed as a result of these injuries, leaving their families shocked and reeling in the aftermath. Death due to accidental injuries may be caused by any of the following:
- Motor vehicle accidents
- Slip and fall accidents
- Workplace accidents
- Medical malpractice
- Defective products
In any of these scenarios, an individual person or a group of people— a company, organization, or manufacturer— may be at fault for injuries leading to wrongful death.
WRONGFUL DEATH LAWSUITS
A lawsuit claim for wrongful death of a loved one should be filed by survivors of the deceased. Under the South Carolina Code of Laws, Section 15-51-20,family members entitled to file for wrongful death may include spouses or life partners, children, parents, or any heirs of the deceased person’s estate. The types of damages that may be awarded in wrongful death lawsuits may include:
- Economic Damages: These damages include medical and funeral expenses, loss of future wages or benefits such as pensions or IRAs, and loss of goods and services the deceased may have provided had they lived.
- Non-Economic Damages: These types of damages cover pain and suffering, mental anguish caused by the death, and loss of consortium, which refers to the loss of emotional and physical benefits that comes with being in a familial relationship.
- Punitive Damages: Under South Carolina law, punitive damages are meant to financially punish a negligent party for harm done in which the actions causing the injuries or wrongful death were intentionally negligent, reckless, or lacking duty of care.
CONTACT OUR EXPERIENCED PERSONAL INJURY ATTORNEY
If you’ve suffered the death of a loved one due to an accident or injury, it’s important to speak to an experienced attorney regarding your case. At the Law Firm, ourexperienced personal injury and accident attorneys can review your case, and help you to determine your best course of action at this difficult time. With offices in Charleston and various locations throughout South Carolina, we can help you receive the compensation you deserve due to a wrongful death claim. Don’t wait; call our office today for help.