How is “wrongful death” determined?

A wrongful death lawsuit is a type of personal injury claim in which an accident victim’s surviving family members bring a case against the person responsible for their loved one’s death. Under the South Carolina Code of Laws section 15-51-10, a wrongful death is the result of another’s “wrongful act, neglect or default.” Essentially, a wrongful death claim allows for the victim’s family members to bring a lawsuit against the at-fault party on behalf of their loved one.

When it comes to determining whether a death was “wrongful,” the language in section 15-51-10 provides little guidance. What constitutes a “wrongful act, neglect or default” is primarily left up to the courts. When assessing a wrongful death claim, courts rely on the legal doctrine of negligence.

There are three elements to a negligence claim:

1) Duty – Did the other party owe your loved one a duty of care?
2) Breach – Did the other party’s actions or failure to act violate the duty of care owed to your loved one?
3) Causation – Was the other party’s breach the cause of your loved one’s death?

In addition, you must establish that you suffered damages. In a wrongful death case, proving damages typically involves establishing the extent of the damages rather than whether there were any damages at all.

Wrongful death claims can be based on almost any accident involving another’s negligence, including:

Motor vehicle accidents
Slip and falls
Workplace accidents
Medical malpractice
Birth injuries
Animal attacks
Dangerous products

If you have lost a loved one in a tragic accident, the South Carolina wrongful death lawyers at the Steinberg Law Firm are here to help you hold the other party accountable. We have decades of experience helping families through the recovery process so they can begin the healing and, eventually, start to move on with their lives. To learn more and schedule a free consultation, call our attorneys at 843-720-2800 today.

Other Wrongful Death FAQs:

RESULTS

WE HAVE RECOVERED OVER $500 MILLION FOR CLIENTS IN THE LAST 10 YEARS, INCLUDING:
$2,750,000 in a product defect case, scissor lift malfunction.

How is “wrongful death” determined?

A wrongful death lawsuit is a type of personal injury claim in which an accident victim’s surviving family members bring a case against the person responsible for their loved one’s death. Under the South Carolina Code of Laws section 15-51-10, a wrongful death is the result of another’s “wrongful act, neglect or default.” Essentially, a wrongful death claim allows for the victim’s family members to bring a lawsuit against the at-fault party on behalf of their loved one.

When it comes to determining whether a death was “wrongful,” the language in section 15-51-10 provides little guidance. What constitutes a “wrongful act, neglect or default” is primarily left up to the courts. When assessing a wrongful death claim, courts rely on the legal doctrine of negligence.

There are three elements to a negligence claim:

1) Duty – Did the other party owe your loved one a duty of care?
2) Breach – Did the other party’s actions or failure to act violate the duty of care owed to your loved one?
3) Causation – Was the other party’s breach the cause of your loved one’s death?

In addition, you must establish that you suffered damages. In a wrongful death case, proving damages typically involves establishing the extent of the damages rather than whether there were any damages at all.

Wrongful death claims can be based on almost any accident involving another’s negligence, including:

Motor vehicle accidents
Slip and falls
Workplace accidents
Medical malpractice
Birth injuries
Animal attacks
Dangerous products

If you have lost a loved one in a tragic accident, the South Carolina wrongful death lawyers at the Steinberg Law Firm are here to help you hold the other party accountable. We have decades of experience helping families through the recovery process so they can begin the healing and, eventually, start to move on with their lives. To learn more and schedule a free consultation, call our attorneys at 843-720-2800 today.

Other Wrongful Death FAQs:

RESULTS

WE HAVE RECOVERED OVER $500 MILLION FOR CLIENTS IN THE LAST 10 YEARS, INCLUDING:
$2,750,000 in a product defect case, scissor lift malfunction.

What Our Clients Say About Us

I am very pleased with my experience

I have, and will continue to recommend The Steinberg Law Firm. They have worked very hard on my behalf.

It is hard to really put in writing how much Tom was there for me

He really did such an unbelievable job. Even when the settlement was made, he returned a text with a call to share in the joy over another medical event we were going through, that had a great outcome. Yes, they really do care.

I would highly recommend them

Enjoyed the fact that every time I called, someone called me back. It made me feel like my case mattered, and that I mattered. They answered all of my questions and concerns in a timely manner.

They will go the extra mile for you

David Pearlman and his staff did an exceptional job on my claim. Mr. Pearlman was honest, patient and steered me in the right direction. A’Riel was always nice and very helpful. I would recommend them to everyone.

I would never seek help from any other Firm!

The lawyers and their staff are very professional, caring about your situation! They are one of a kind!Get this Firm behind you and you will never be sorry!

It was a pleasure working with Steven Goldberg and his staff

They were courteous and professional. They maintained regular contact for status reports on my case and provided needed documentation on a timely basis. I would recommend this firm.