Wrongful Death is defined as a death that is caused by the wrongful act, neglect, or default of another. The wrongful act, neglect, or default that causes the death must be the type of action that would have allowed a personal injury claim to be filed. Wrongful Death claims are governed by statutes. Generally the statutes define who may sue, and what may be applied to an award of damages. No amount of money will be able to replace a loved one or bring a loved one back, but such an award for damages may help a family start to rebuild their lives.
In South Carolina a wrongful death claim must be filed by the executor or administrator of the deceased person’s estate. The executor or administrator is often named in the deceased estate plan. If there is no estate plan, or the named administrator cannot or does not wish to serve, the court may name an executor or administrator. The surviving family members who can recover damages in SC wrongful death cases include: the surviving spouse and children of the deceased person, the surviving parents of the deceased person, if there is no spouse of child, and the heirs at law of the deceased person, if there are no parents, spouse, or children.
Wrongful Death cases demand immediate attention. Please call us today.
Damages that may be awarded in wrongful death claim include compensations for:
- funeral and burial expenses
- medical bills and expenses related to the deceased person’s final illness or injury
- lost wages and benefits
- property damages and other financial losses related to the death
- loss of the deceased person’s experience, knowledge, and judgment
- loss of the deceased person’s care, companionship, and protection, and
- pain, suffering, and mental anguish suffered by the surviving family members