Enduring the loss of a loved one is always a traumatic experience for a family. Not only will they need to make immediate arrangements for a funeral and consider the costs of medical bills, they will also need to evaluate how this death will affect their futures. When a death is the result of violence or a breach in a standard of care, families can help secure their future by pursuing a wrongful death lawsuit, wherein the at-fault party could be legally obligated to provide compensation.
A Kingstree wrongful death lawyer with Whetstone Perkins & Fulda could help you take legal action after the untimely passing of a loved one. Our personal injury attorneys could work to explain the ins and outs of wrongful death lawsuits, identify all potential at-fault parties, and demand proper compensation.
When is a Death “Wrongful” in the Eyes of the Law?
The first portion of a wrongful death claim is demonstrating that the death would not have occurred except for the actions of another party. Obviously, not every fatality fits into this category. Instead, you must be able to prove that an act of violence or a breach in the standard of care was the primary cause of death.
According to state law, someone is liable for a fatal accident if their actions would have resulted in a personal injury lawsuit had the victim survived. The fact that a victim passed away does affect liability. A wrongful death claim may result from vehicle accidents, defective products, nursing home abuse, medical malpractice, and more. A Kingstree wrongful death attorney could help a family to build a powerful case against the at-fault parties.
Special Aspects of Wrongful Death Cases
Most personal injury cases follow a common framework. You suffer an injury and personally demand that the at-fault party compensate you. However, when a fatal accident is involved, a few elements of a civil case are different.
Legal Standing to Bring a Case
One aspect of a wrongful death case that can cause some confusion is deciding who has standing to bring a case to court. the sole power to bring these cases to court belongs to the executor of the decedent’s estate, pursuant to SC Code §15-51-20. Additionally, this representative can demand payments only for the benefit of the decedent’s spouse, children, and parents. A wrongful death attorney in Kingstree could further explain this process and help you understand your right to pursue a case.
Types of Compensation
Another complex matter is the types of compensation that a family may pursue. In a wrongful death case, families usually pursue damages in the form of medical bills and funeral costs connected to the death. However, state law also permits you to claim damages for loss of support for the surviving family, loss of services in the home, loss of companionship, and wages lost because of the death of a breadwinner. A Kingstree attorney who handles wrongful death cases could help craft demand packages that seek appropriate payments from at-fault parties.
Reach Out to a Kingstree Wrongful Death Attorney Today
The unexpected loss of a loved one can leave you and your family confused and anxious, shouldering the burdens of outstanding medical bills, funeral arrangements, and other such obligations. In some cases, the decedent is a major earner whose death leaves your economic future uncertain.
Pursuing a wrongful death claim could give you the compensation to set things right. A Kingstree wrongful death lawyer could help to gather evidence that proves the fault of the other party, use this evidence to craft demand packages, and follow the state’s specific rules regarding the pursuit of wrongful death claims. Contact a Kingstree wrongful death lawyer with Whetstone Perkins & Fulda immediately, as the time to file a case in court may be running out.