Losing a loved one due to negligence is emotionally and financially devastating. Many families are left unsure of what compensation may be available to support their recovery. If you are seeking answers about Columbia wrongful death actions, our experienced wrongful death attorneys at Whetstone Perkins & Fulda could help.
Our experienced wrongful death attorneys understand how courts determine wrongful death damages, what evidence they require, and how insurers approach these claims. We are committed to pursuing justice and securing fair compensation for your family’s future.
Damages in Wrongful Death Actions
Wrongful death claims pursuant to S.C. Code Ann. § 15-51-10, allow recovery of both economic and non-economic damages to compensate surviving family members for their losses.
Here are the damages you could receive in a wrongful death action in Columbia.
Economic Damages
Economic damages compensate for measurable financial losses resulting from the death. These include medical expenses incurred prior to death, funeral and burial costs, and the loss of the deceased’s expected earnings, lost wages, and benefits. Our wrongful death lawyers work with skilled experts to calculate projected lifetime income and retirement benefits.
Loss of Companionship and Consortium
Surviving family members could recover damages for the loss of companionship, comfort, and emotional support their loved one provided. This encompasses the loss of guidance, protection, and care that spouses and children relied upon. Our firm can present evidence showing the profound impact of their loved one’s death on the spouse and children.
Loss of Support and Future Earnings
Beneficiaries may recover damages for economic losses in the form of future lost earnings. The damages may include lost benefits from Social Security income, where the loved one has already retired. Our wrongful death attorneys work with financial and vocational experts to project the lost earnings based on the victim’s age, prior income, and other factors.
Emotional Distress of Survivors
Family members can seek compensation for their mental anguish, emotional distress, and psychological trauma resulting from the wrongful death. Damages could include:
- Grief counseling costs
- Depression
- Anxiety
- The lasting emotional impact of losing a loved one
Our wrongful death lawyers document the severity of emotional harm through medical or counseling records, witness interviews and expert testimony.
Punitive Damages
In cases involving gross negligence, recklessness, or intentional misconduct, state courts may award punitive damages to punish the at-fault party and deter similar behavior in the future. These damages extend beyond compensation, serving as a societal statement against the egregious conduct that led to the fatal accident.
How Long Do Wrongful Death Actions Take?
The timeline for receiving wrongful death compensation varies because each Columbia case involves different legal and financial factors. While some claims may settle within months, others can take longer than a year for a trial to be scheduled.
The following factors often influence how long the process takes.
Liability Disputes
You may experience delays if the at-fault party denies responsibility or multiple parties are involved. Determining liability may require investigations and expert input, extending the timeline.
Severity of Damages
Higher-value claims involving significant economic and non-economic losses often experience delays due to the need for additional documentation and expert analysis. The more complex the damages, the longer the timeline before meaningful negotiations are likely to take place.
Contact Our Columbia Attorneys About Wrongful Death Actions
You may endure financial strain after losing a loved one in an accident someone else’s negligence caused. You deserve representation from an experienced attorney who will protect your legal right to fair compensation.
At Whetstone Perkins & Fulda, our attorneys have years of experience pursuing Columbia wrongful death actions. Contact us today for skilled help to obtain a favorable resolution that adequately compensates you for the losses you have endured.
