COVID-19 Wrongful Death Lawsuit
Filing A Wrongful Death Lawsuit Due To COVID-19
The Anastopoulo law firm can file a wrongful death lawsuit if you have lost a loved one to the coronavirus. This article will tell you what this lawsuit type is and how it works.
A wrongful death lawsuit is when a person dies because of a wrongful act or neglect by someone. If an employer fails to protect someone because the company did not provide equipment or conditions to prevent the death, this type of lawsuit can be filed.
With the COVID-19 pandemic, you can file a lawsuit if a family member became infected due to the work she or he had to do, and the employer did not provide face coverings or gloves.
In South Carolina, wrongful death lawsuits are outlined in Title 15 - Civil Remedies and Procedures.
How Does A Wrongful Death Lawsuit Get Filed?
First, the suit has to be filed by a "personal representative" of the deceased individual. A personal representative is defined as the executor - the person who is responsible for settling the deceased person's estate after his or her death. It is also defined as someone who manages the financial affairs of another person who is unable to do so.
An experienced law firm that handles wrongful death lawsuits will do the necessary work to win your case.
What's Included In These Lawsuits?
The Anastopoulo Law Firm can file a lawsuit for you as long as these elements exist:
- The death of a human being;
- Caused by another's negligence, or with intent to cause harm;
- The survival of family members who are suffering monetary injury as a result of the death, and;
- The appointment of a personal representative for the decedent's estate.
While there can be multiple causes that trigger a lawsuit, we are ready to file for you if you have lost a loved one to the coronavirus. This could be due to:
- Employer/company failed to provide personal protective equipment (PPE) such as face coverings and disposable gloves, as well as protective partitions like glass or clear acrylic to reduce the chances of your family member being infected by customers or the general public.
- This is also known as "occupational exposure to hazardous conditions or substances.”
- Someone does not respect the social distancing guidelines of staying at least six feet away from anyone else in a building or outside.
The kinds of damages you could be awarded pecuniary and punitive.
Pecuniary loss is defined as medical and funeral expenses, as well as the loss of support and services due to your loved one's death.
Punitive damages are given if it is determined your loved one's death occurred because of malicious wrong doing.
In addition, you may be awarded if you can prove, among other things these conditions:
- Mental suffering
- Loss of companionship
If you have lost a loved one to the coronavirus, call us today at 800-313-2546 to file a wrongful lawsuit death.