Where Do I Go From Here? Determining if you have a Wrongful Death case
The loss of a loved one is never easy. The loss of a loved one due to an incident that could and should have been avoided is especially tragic.
If someone you love died as a result of another person’s recklessness or negligence, you might have a case for wrongful death. While a wrongful death suit cannot undo the trauma and grief of the tragedy, it can help your family recover from the financial burdens the situation brings.
In order to determine if you have a case, you first must understand what qualifies as a wrongful death.
Understanding Wrongful Death
What constitutes a wrongful death?
In order to pursue a case of wrongful death, the following elements must apply to your situation:
- Someone you love has died.
- The death has been caused by someone else’s negligence or someone else’s intent to cause harm.
- You or your family are left suffering monetary or non-monetary injury because of the death.
- You have a personal representative appointed for the deceased’s estate.
Note: It’s important to remember that in South Carolina wrongful death suits, a legal representative or attorney of the deceased person’s estate must be the one to file a wrongful death claim against the party held responsible for causing the victim’s death.
Common Causes of Wrongful Death
Wrongful death cases arise from many different scenarios, each with its own unique and tragic set of circumstances.
However, some of the most common causes for these cases are:
- Medical malpractice
- Automobile or airplane accidents
- Occupational exposure to hazardous conditions or substances
- Criminal behavior
- Death during a supervised activity
- And more…
What You Need to Know About Filing a Claim
Once you determine you have a case of wrongful death, you’ll need to act fast as time is of the essence. As with most personal injury cases, there are time limits known as statutes of limitation in South Carolina for wrongful death claims. Even though you are experiencing great loss and emotional stress, it’s crucial you file your claim and seek legal help immediately in order to be able to pursue a case.
Note: A cause of action for wrongful death begins on the date of the death and must be filed within the time constraints of the statute of limitations.
Wrongful Death Compensation
At David Blackwell Law, our caring attorneys are experts in South Carolina’s laws concerning wrongful death suits and have won financial compensation for many clients who have unjustly suffered the unnecessary loss of loved one.
When it comes to settlements in wrongful death cases, you may be eligible to receive compensation for:
- Medical care, treatment, and/or hospitalization prior to death
- Pain or suffering experienced prior to death
- Funeral costs
- Loss of income, services, assistance, protection, care, companionship, guidance, comfort, and society from the deceased person
- Family grief and emotional suffering
Note: In some wrongful death cases, punitive damages can be sought; these are intended to “punish” the negligent party for recklessness, malice, or a willful act that caused the wrongful death.
Schedule Your Consultation Today
If you are experiencing emotional distress and financial hardships as a result of the death of a loved one due to another’s negligence or harmful intent, our team at David Blackwell Law is here for you. Call (803) 232-7274 or email us to schedule your consultation today!