Losing a family member due to another person’s negligence can have an especially devastating impact on your family. The emotional toll and financial hardship caused by a wrongful death can be exhausting and difficult. If someone you love has died because of another individual’s negligence in South Carolina, there may be a legal remedy for your family.
Wrongful death laws in South Carolina allow you to file a lawsuit against the person who caused your loved one’s death. Understanding the types of damages you can recover in a wrongful death case can give you the peace of mind you need to pull through the grieving period.
A wrongful death lawsuit is a legal claim against a person who can be held responsible for a death. It can be filed by a surviving family member or a beneficiary of the deceased person. This claim seeks compensation for the losses and damages the deceased person’s surviving family members suffered due to the untimely death.
Under South Carolina law, wrongful death is any untimely death caused by someone else’s negligence, misconduct, or intentional act. Different parties can be held liable for wrongful death. The legal grounds for this claim can include the following:
The damages you can recover in a wrongful death case include those suffered before and after your loved one’s death. These damages are classified into two groups: economic and non-economic damages.
Economic Damages: In most cases, economic damages have a specific monetary value and are awarded to compensate for financial losses and damages suffered due to the death. These damages may include:
Non-Economic Damages: These types of damages are often subjective and don’t have a monetary value. They are designed to cover intangible losses suffered by the surviving members due to wrongful death. Non-economic damages can include the following:
Punitive Damages: In some cases where the liable person’s actions were particularly intentional, punitive damages may be recovered. These damages are designed to punish the negligent party and prevent similar behavior in the future.
While it might not help with the emotional impact of losing a loved one, getting compensation can help ease the emotional and financial stress caused by a wrongful death. An attorney can help you calculate your damages based on your specific circumstances and help you pursue them.
If you need help seeking compensation for wrongful death in Charleston, we can help you at Lesemann & Associates. Contact our office at (843) 724-5155 for a free consultation with a Charleston wrongful death lawyer and get the help you need.