If you have lost a family member in a wrongful death incident, you may be wondering where you can turn for help in getting compensation. While a monetary award will never replace your loved one, compensation can help cover medical and funeral expenses as well as provide a financial cushion for dependents. A Myrtle Beach wrongful death lawyer could help navigate a lawsuit and make sense of the steps along the way. Call Whetstone Perkins & Fulda today to speak with an experienced personal injury attorney.
Common Causes of Wrongful Death
Wrongful death refers to a fatality that occurs when a person or entity breaches a standard of care. In other words, a wrongful death is when someone fails to uphold their legal responsibilities. There are many common causes of wrongful death lawsuits.
Motor Vehicle Accidents
One of the most widespread kinds of wrongful deaths is those that occur in motor vehicle collisions. When a driver has been found at fault for a crash, and that incident results in the death of a passenger or another driver, there may be grounds for a wrongful death claim.
Medical Malpractice
Medical professionals have a legal responsibility to perform their duties with care and attention. When a doctor, nurse, or hospital fails in this duty, leading to a patient’s death, there may be grounds for a wrongful death claim lawsuit.
Defective Products
Manufacturers are legally responsible for ensuring their products are safe. Design flaws, manufacturing errors, or a lack of necessary warnings can cause a wrongful death and, as a result, a lawsuit.
Nursing Home Abuse
Residents in nursing homes are particularly vulnerable to abuse and mistreatment. Failure to administer medication properly, lack of supervision, or malnutrition can all be breaches of duty of care that may lead to a wrongful death lawsuit.
Legal Considerations for Wrongful Death Lawsuits
Pursuant to South Carolina Code § 15-51, there are many legal considerations to make during a wrongful death lawsuit. The law states that if the deceased person would have been eligible to pursue a personal injury lawsuit had they survived the incident, then a wrongful death lawsuit can be pursued on their behalf.
However, in order to bring forward an action, there must be an executor or administrator for an eligible beneficiary. Typically, this is the person’s spouse or children. Depending on the family composition, a parent or other heir may be able to bring forward a wrongful death case.
Other legal considerations laid out in state law include details about damages. The compensation may include punitive damages if the case involves willful or malicious action. In addition, any settlement offer in a wrongful death case must be approved by the appropriate court.
Speak With a Myrtle Beach Wrongful Death Attorney Today
A Myrtle Beach wrongful death lawyer could assist in the legal process—from gathering evidence to demonstrate a breach of the standard of care to representing their client in court.
A wrongful death case often requires a detailed mix of legal considerations, and having someone with knowledge and experience could help save time and minimize confusion. If you have lost a loved one in a wrongful death case and need help navigating the following steps, call Whetstone Perkins & Fulda to speak with a compassionate attorney today.
