The loss of a loved one in an accident results in severe emotional and financial loss for the surviving family members. When the death of a loved one was caused by the negligence of another, a wrongful death claim can be made. Common causes of wrongful death include:
Nursing home abuse
South Carolina law allows for two separate causes of action following a death: wrongful death and survival action. Wrongful death suits are in place to compensate a family for the loss of a loved one while survival action deals with the injuries or damages suffered immediately before the victim’s death. The skilled attorneys at Steinberg Law Firm are here to help you navigate the complexities of your claim.
Though nothing can replace the loss of a family member, wrongful death claims can help restore some of the financial loss as well as help to gain closure for the surviving family members. Those who can recover compensation for a wrongful death suit in Goose Creek include:
The spouse of the deceased
Parents (if there is no spouse or child)
Heirs at law (if no parents, children, or spouse)
Parents with a deceased adult child
Wrongful death claims made in Goose Creek must be made by the executor of the deceased’s estate, usually stated in the victim’s will. If the individual wishes not to serve as the administrator or if there is no estate plan, then the court names the executor. A wrongful death claim has a three year statute of limitations.
Damages that can be recovered in the form of compensation for wrongful death can only be financial. These include:
Lost wages and benefits
Medical expenses related to injury or illness
Funeral and burial expenses
Loss of companionship
Mental suffering of surviving family members
Punitive damages as a form of punishment for the defendant
A wrongful death claim is not based on the negligence or wrongful action of a third party. With this type of lawsuit, the plaintiff must prove that the defendant was negligent as a direct cause to the death.
A survival action is a claim for injuries and damages that the victim suffered before their death, and could have pursued if they had survived. When filling a survival action, contact an experienced wrongful death attorney.