Recovering Damages in a South Carolina Wrongful Death Claim

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A wrongful death lawsuit is a suit brought by family after a spouse or family member is killed due to the negligent or reckless actions of another individual, a company, or a government agency. Death could occur in a car accident, motorcycle accident, accident at work, or due to the negligent supervision of another. If you are unsure if a scenario could be eligible for a wrongful death claim, a knowledgeable and experienced wrongful death attorney can review the facts of the case and advise.

 

Who is Eligible to File a South Carolina Wrongful Death Claims 

The court limits the people who may bring a wrongful death claim. Generally, the lawsuit must be filed by the following parties:

  • A surviving spouse
  • A surviving child
  • A parent of the decedent
  • The heirs at law, if there are no, spouse, children, or parents.  

A parent who abandoned a child before the child turned 18 may not recover in a wrongful death claim.

 

Types of Wrongful Death Damages Available in South Carolina 

 Damages available in a wrongful death lawsuit may be awarded to include money for:

  • Funeral/burial expenses
  • Final medical cost following the decedent’s injury
  • Lost earnings anticipated over the victim’s lifetime
  • Loss of retirement benefits the decedent would have earned
  • Loss of care, companionship, and protection
  • Pain, suffering, and mental anguish suffered by surviving family members.

Calculating damages can involve consulting and calculating losses over a period of many decades. This can be especially complicated when the victim was self-employed, and accounting of lost contributions is needed on business revenues, expenses, and how much their business is worth and would be worth in the future.  

 

 Punitive Damages 

In some cases where the cause of death was deliberate, malicious or reckless, punitive damages or exemplary damages may be awarded. These serve to punish the perpetrator and deter others from similar acts.

 

Talk to a South Carolina Wrongful Death Lawyer  

The South Carolina wrongful death attorneys at Krause, Moorhead & Draisen, P.A. understand the impact of a devastating loss. We are here to provide advocacy, compassion, and aggressive representation. Call us at 864-932-3001 for a free consultation. As part of our contingency fee agreement, there are no fees unless we recover compensation for you.

We help people like you every day.


Steven Krause is a personal injury, auto accident, and workers’ compensation lawyer who practices in Anderson, SC. He graduated form the Thomas M. Cooley School of Law and has been practicing law for 40 years now. Steven Krause believes in fighting for the injured. Learn more about his experience here.