We are upstate South Carolina injury lawyers that have been involved in numerous cases where a loved one or family member has passed away due to a negligent act or omission to act by another. In South Carolina, there are two separate legal claims that can be brought when someone dies in an accident. The first type of claim, a wrongful death action, compensates the survivors and beneficiaries of a deceased for their loss. The second type of claim, a survival action, is a legal claim that “survives” the person’s death to allow for recovery for injuries to the deceased.
What is a Wrongful Death Action in South Carolina?
South Carolina’s wrongful death statute, S.C. Code § 15-51-10:
Civil action for wrongful act causing death
Whenever the death of a person shall be caused by the wrongful act, neglect or default of another and the act, neglect or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages in respect thereof, the person who would have been liable, if death had not ensued, shall be liable to an action for damages, notwithstanding the death of the person injured, although the death shall have been caused under such circumstances as make the killing in law a felony. In the event of the death of the wrongdoer, such cause of action shall survive against his personal representative.
What Does that Mean and How Does that Apply to Real Life in South Carolina?
In South Carolina, any type of fatal accident can be the reason for a wrongful death lawsuit, including:
- Motor Vehicle Collisions;
- Tractor Trailer Collisions;
- Motorcycle Accidents;
- Nursing Home Abuse and/or Neglect;
- Medical malpractice
What Damages Can You Recover in a Wrongful Death Claim in South Carolina?
Wrongful death settlements or jury verdicts or meant to compensate for the current and future financial and emotional costs to the deceased’s family. Examples of these types of damages are:
- Medical bills and funeral costs;
- Lost wages and Loss of Earning Capacity in the future;
- Pain and Suffering;
- Mental Anguish;
- Funeral Expenses
- Punitive Damages- depending on the circumstances surrounding the death
Call Trammell & Mills Law Firm for More Information on Wrongful Death and Survival Claims in Anderson, Greenville, Oconee, Pickens, South Carolina
Call us to help you and your family bring both wrongful death and survival actions. We can help with information on opening the estate in Probate Court, getting appointed as Personal Representative for the deceased’s estate and negotiating a settlement or filing a lawsuit if there’s no settlement.