Wrongful death claims have key features that set them apart from other types of cases. Whether your loved one was the victim of a driver under the influence, a workplace accident, or a medical error, it is important to be aware that these types of cases can be difficult to manage on your own.
The experienced wrongful death attorneys at Whetstone Perkins & Fulda understand the unique aspects of a Columbia wrongful death case. They know what makes these cases difficult in court, and they understand the best way to support you as you try to seek justice. These unique aspects are just part of the reason why relying on an attorney is the best option.
Who Can File a Wrongful Death Claim
The state has strict laws regarding who can file a wrongful death claim. Only the Personal Representative of the deceased’s Estate can file the claim. The Personal Representative pursues damages for the benefit of the family members listed as statutory beneficiaries in the wrongful death statute. The Personal Representative acts as a representative for these beneficiaries of the wrongful death claim.
The damages that the family can recover may include everything from lost earnings and medical bills to funeral costs and lost companionship. A lawyer will ensure that the Estate is set up properly before a case is ever filed. They can help with these procedural steps to ensure no precious time is lost.
Key Elements Are Required to Prove a Case
In order to prove a wrongful death case in Columbia, an attorney must prove several key components not necessarily required in other types of cases. One of the first things a lawyer must prove is that the at-fault party had a duty of care that they breached, which resulted in the death of the victim. In order to prove this duty of care and the breach, the attorney may use evidence like medical records, police reports, and expert witness testimony.
The next element to prove is the value of the case. Lawyers must demonstrate that the damages they are pursuing in court make financial sense. Attorneys will also justify the value of non-economic damages, such as pain and suffering or loss of companionship, so that families can recover full damages for the wrong.
Comparative Negligence
One factor to keep in mind regarding wrongful death claims in Columbia is comparative negligence. The defense may try to claim that the deceased party’s own actions may have caused their own demise. In South Carolina, comparative negligence means that the court can determine the at-fault party to be only a certain percentage at fault for the negligent event.
Comparative negligence can reduce the damages recoverable by the victim’s family. For instance, if the deceased was found to be 25 percent at fault for the incident, the accused may have to pay only 75 percent of the total damages.
Consult with a Wrongful Death Attorney Right Away for Help With Your Unique Case
If you have questions about filing a wrongful death claim, you are not alone. Many people find themselves in difficult positions where they are unsure how to move forward with a claim. The truth is that nobody should try to take a case to court on their own. The many unique aspects of a Columbia wrongful death case can make these situations very complex and difficult to navigate.
Are you ready to pursue a claim and seek justice for your loved one? Consult with an attorney today. Whetstone Perkins & Fulda has a solid foundation in wrongful death cases with years of experience. Call today to schedule a consultation with a caring and compassionate team.
