Dealing with a wrongful death claim can be a challenging and emotional experience. Losing a loved one due to someone else's negligence or wrongful act is devastating. In South Carolina, wrongful death cases are governed by specific laws and regulations. A personal injury lawyer can guide you through the process and help you seek justice and fair compensation. If you are facing a wrongful death case, it is essential to understand what it entails, who can file a claim, and what damages can be recovered.
Wrongful Death Defined
A wrongful death occurs when a person dies due to the negligent or intentional act of another person or entity. Negligence can refer to a variety of situations, such as medical malpractice, a car accident caused by a drunk driver, or a defective product. In South Carolina, wrongful death claims can be filed against individuals, businesses, and government agencies.
Who Can File a Wrongful Death Claim?
In South Carolina, the personal representative of the deceased person's estate can file a wrongful death claim. If the deceased person left a will, the personal representative is the executor named in the will. If there is no will, the court will appoint a personal representative. The personal representative files the claim on behalf of the deceased person's surviving family members, such as the spouse, children, or parents.
Damages That Can Be Recovered
In a wrongful death claim, the personal representative can seek damages for the deceased person's medical expenses, funeral and burial costs, lost wages, and pain and suffering. The surviving family members can also seek damages for loss of companionship, emotional distress, and other losses related to the deceased person's death. In some cases, punitive damages may also be awarded to punish the defendant's wrongful conduct.
If you are dealing with a wrongful death claim in South Carolina, it is crucial to seek the guidance of an experienced personal injury lawyer. A knowledgeable lawyer can help you navigate the legal process, gather evidence, and build a strong case. They can provide their support and advocate for your rights in court.
Salley Law Firm, P.A. is a trusted law firm serving clients in Lexington, SC, and the surrounding areas. Their team of personal injury lawyers has more than 20 years of experience and is dedicated to delivering results. They understand the emotional toll of losing a loved one and are committed to helping their clients seek justice and fair compensation. To learn more about how they can help you with your wrongful death claim, visit their website or call their office at (803) 356-5000 to schedule a free consultation.