Accidents caused by negligence can often lead to fatalities. Losing a loved one has a devastating emotional impact on families. In addition to losing love and support, deadly accidents can cause financial difficulties for the deceased’s dependents.
You should speak with a Calhoun County wrongful death lawyer immediately if you have lost a loved one to a fatal accident. The compassionate personal injury attorneys at Whetstone Perkins & Fulda could review your case and begin building a claim for compensation.
Surviving Family Members Can Pursue Wrongful Death Claims
Pursuant to South Carolina Code Annotated § 15-51-10, surviving family members can pursue a legal claim on a deceased loved one’s behalf when their death was caused by negligence. Surviving family members eligible to recover damages in a wrongful death claim can include the deceased’s:
- Spouse;
- Children;
- Parents; or
- Any remaining heirs
For situations where a child is born out of wedlock, a surviving parent or child will have the same rights to file a wrongful death claim as though the child was born during a marriage.
A Calhoun County attorney could help ensure you comply with relevant procedural laws for wrongful death claims. For example, the personal representative of the deceased’s estate must initiate the wrongful death claim on behalf of the surviving family. If the decedent does not have a will that identifies an executor of the estate, a court will appoint an administrator.
The personal representative of the estate will distribute the compensation recovered to the surviving family. According to the state’s statute of limitations, the estate must file the wrongful death claim within certain time limits depending upon the status of the defendant and the cause of the death.
Proving Negligence in Wrongful Death Claims
To prove negligence in a wrongful death case, the plaintiff must prove that an at-fault party breached a duty to use reasonable care. Based on the situation, a Calhoun County lawyer could advise you on the standard of care in the various circumstances that result in wrongful death claims. Some examples of accidents that can lead to wrongful death claims include the following:
- Vehicle collisions
- Workplace accidents
- Slip and falls
- Bicycle or pedestrian incidents
- Medical malpractice
- Defective products
- Criminal actions, such as assault and battery
For wrongful death claims involving medical malpractice, the plaintiff must prove that a healthcare professional deviated from a generally accepted standard of medical care.
However, if the deceased died in a car crash, the plaintiff must show that the allegedly responsible party breached a duty of care owed to other motorists. Speeding, drunk driving, and distracted driving are examples of behavior that demonstrate a lack of care.
Available Money Damages in Wrongful Death Claims
If the decedent’s estate can successfully prove negligence in a wrongful death case, a Calhoun County attorney could help you recover money damages. Potential damages can include recovery for measurable economic losses and immeasurable noneconomic harm.
Economic damages can include:
- Property damage
- Lost wages and future financial support
- Medical expenses
- Funeral costs or burial expenses
Noneconomic damages consist of losses such as:
- Emotional distress
- Mental anguish
- Lost companionship
Surviving family members will also be able to recover exemplary or punitive damages intended to punish the at-fault party and deter future misconduct. There are generally no caps on economic loss damages in this state. However, punitive damages are generally limited to the greater of three times the amount of compensatory damages or $500,000, pursuant to S.C. Code Ann. § 15-32-530.
For medical malpractice claims, pursuant to S.C. Code § 15-32-220, recovery of noneconomic damages is also capped.
Caps also apply to total damage claims pursued against a state entity.
Speak With a Calhoun County Attorney About Wrongful Death Lawsuits
Losing a loved one is never easy. Families can often struggle with the financial consequences of losing a primary provider.
Whetstone Perkins & Fulda is here to help you pursue compensation while you recover from your emotional loss. Please contact a Calhoun County wrongful death lawyer immediately to discuss your case.
