The death of a close loved one is something for which few are ever truly prepared, but when such an event comes in a sudden and abrupt manner due to the avoidable negligence of an outside party, the tragedy is compounded significantly.
The emotional, financial, and familial devastation that can ensue routinely leave impacted survivors struggling to stay afloat.
While no amount of money will ever make victims of such circumstances truly whole, full and fair compensation can help them begin to pick up the pieces and persevere. If you have experienced a loss of this type, a Mount Pleasant wrongful death lawyer is prepared to help. To begin building a case, contact a personal injury attorney in Mount Pleasant.
Wrongful Death Actions
As outlined by S.C. Code §15-51-10, if the death of an individual occurs as the result of another party’s wrongful act, neglect or other default which, if the victim had not died, would have entitled that person to pursue an action for damages, a claim may still be brought against the wrongdoer.
S.C. Code §15-51-20 provides that actions of this nature are intended to benefit the spouse or children of the decedent, but if none exist, then to benefit the victim’s parents or heirs.
Legal actions of this nature are to be brought by the executor or administrator of the victim’s estate on behalf of the appropriate beneficiary. Such legal proceedings can be best explained using a wrongful death lawyer in Mt Pleasant.
Filing a Wrongful Death Suit
It is important to emphasize that the underlying rationale for a wrongful death lawsuit is to offer those who have had a loved one taken from them the opportunity to receive accountability and financial resources from the responsible party in order to compensate for the absence of the decedent in their lives now and into the future.
This stands in contrast to a criminal prosecution, the goal of which is to impose punishment, uphold community standards of conduct and have a deterrent effect on others.
The monetary awards for which surviving family members may be eligible in wrongful death cases can often be substantial, regularly including payment for:
- Medical expenses stemming from the decedent’s fatal injury/illness
- Funeral costs
- Lost income, benefits and expected future earnings
- Property damage and other outlays resulting from the death
- Lost companionship, support and advice
- Lost familial and marital relationships/parental guidance
- Mental anguish and suffering experienced by the surviving dependents
If it is determined that the acts or omissions leading to the victim’s death were reckless, willful or especially egregious in nature, it may be possible for the claimants to receive exemplary or punitive damages. These damages can be pursued by a Mount Pleasant wrongful death lawyer.
Common Fact Patterns
A wrongful death incident in South Carolina can stem from any number of factual scenarios, though among the more commonly observed circumstances are events involving:
- Auto accidents
- Weapons accidents
- Structural fires
- Drowning/boating accidents
- Suicide of individual under psychiatric or other professional treatment
- Slip and fall accidents
- Workplace accidents
- Drug overdose
Benefits of a Mount Pleasant Wrongful Death Lawyer
The three-year time limit for filing a wrongful death action in South Carolina in most cases is strictly observed by the courts, and the sooner a Mt. Pleasant wrongful death lawyer is consulted by those left behind, the better the chances of success.
The time is now to learn how a seasoned practitioner can investigate the facts, secure the help of loss valuation experts and fight for the fairness your family deserves. Such compensation can be pursued by a wrongful death attorney in Mount Pleasant.