What are My Legal Actions if a Loved One Has Passed in an Accident?
Losing a loved one can take a toll on a surviving spouse and dependents. A loved one’s loss may be felt both emotionally and financially, forcing family members to uproot themselves just to make ends meet. Being in a state of despair, many people do not think about taking legal recourse.
At Fulton & Barr Attorneys at Law, we believe that those who have experienced the death of a family member due to another person’s actions deserve to be compensated. In this article, our Greenville wrongful death attorneys discuss your legal options.
Components of a Wrongful Death Claim
A wrongful death claim is centered around establishing that another person failed to use reasonable care in each situation, causing the victim’s death (known as “negligence”).
The elements of any negligence claim involve:
- Duty of care: The at-fault party owed the victim a duty to use reasonable care. The standard will vary based on the specific situation. In a slip-and-fall case, owners have a duty to warn visitors of any hazards on the property.
- Breach of duty: Through an act or omission, the at-fault party failed to meet the required duty of care. In a slip-and-fall, this may mean that a property owner failed to warn a visitor of a defect on the property.
- Causation: There is a direct connection between the at-fault party’s breach of duty and the victim’s injuries.
- Damages: As a result of his or her injuries, the victim has suffered measurable losses. Damages may be financial or non-financial in nature, but it is the compensation that is being sought when someone files a lawsuit.
Wrongful Death Action in SC
South Carolina law defines wrongful death to be any “act, neglect, or default of another.” Under South Carolina Code §15-51-20, an executor or estate administrator must file a wrongful death action. (Currently referred to as the “personal representative”).
South Carolina law states that a wrongful death action is filed for the benefit of a surviving spouse or children. If the deceased has no surviving spouse or children, then it will be for the benefit of the deceased’s parents. If the deceased is not survived by a spouse, children, or parents, then it will be for the benefit of the heirs at law.
Survival Action in SC
Similar to a wrongful death suit, family members may seek financial compensation on the deceased’s behalf. Known as a survival action, the damages sought to compensate the deceased for medical expenses and lost income prior to his or her death.
The action is essentially a personal injury suit, allowing the family to pursue compensation on behalf of the deceased as if he or she survived the incident. Like a wrongful death claim, only the executor or estate administrator can file a survival action.
Damages in Wrongful Death Cases
Compensation will differ based on the type of legal action being pursued. In a wrongful death action, damages may include:
- Medical expenses
- Loss of future wages (projected income if the deceased was never injured)
- Burial and funeral costs
- Loss of companionship
- Loss of consortium
In a survival action, damages may include:
- Medical expenses
- Lost income
- Disfigurement
- Humiliation
- Negligent infliction of emotional distress
Reach Out to Our Greenville, SC, Wrongful Death Attorneys
The death of a family member is always traumatic, especially if it is caused by another person’s carelessness. If you have lost a loved one, you may be entitled to compensation. To speak with our Greenville wrongful death attorneys, please call us at (864) 235-3154 or by filling out our online contact form.