To lose a loved one is heartbreaking. To lose someone you love through the negligence of another is even more devastating. A wrongful death claim is a lawsuit you file on behalf of a loved one who tragically died due to the wrongful actions or inactions of an individual, company, or group. If you’ve experienced the heartbreak of loss and feel your loved one deserves justice for an accident that should have been prevented, a Columbia wrongful death lawyer may be able to help.
When you contact The Solomon Law Group, LLC, you’ll be able to speak to a caring, compassionate attorney who understands what you’re going through and how you may be able to obtain justice for your loved one. Death is an excruciating experience—one shouldn’t have to suffer through it, knowing your loved one’s death could have been prevented. Our South Carolina law firm is committed to making reckless, careless, or otherwise negligent people and businesses pay for their wrongdoings as we deal with wrongful death cases.
What is a Wrongful Death?
The South Carolina legislature defines a wrongful death in the following way:
“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.”
Many types of negligent acts can contribute to a wrongful death. For instance, in a truck accident involving a driver who is driving while intoxicated, you can hold the driver and the trucking company who hired them liable for the wrongful death.
In the case of a defective product, you can hold the manufacturer and the distributor liable for the death. A negligent act can also involve a premises liability issue where the victim suffered a fatal accident due to irresponsible maintenance.
Determining the specific cause of the wrongful death will help solidify who can be held liable. That is essential when your Columbia wrongful death attorney prepares to file the official claim.
Who Can File a Wrongful Death Lawsuit in Columbia?
A wrongful death claim will be filed in absentia. That means the executor of the deceased person’s estate will file on behalf of the estate. That executor is designated in a will or estate plan. If there’s no will in place, the court will appoint an executor. Typically, that would be the spouse.
Only one person can file a claim. In other words, there will be only one executor. However, that person will be tasked with distributing any settlement according to the dictates of the will. There is a priority on who might be entitled to the benefits. This is what the state recognizes as the priority:
- Spouse
- Children
- Surviving parents or siblings
- Heirs named in the will
The amount of the disbursement varies between families. There are also legal exceptions, such as a parent who abandoned a child before they turned 18. In that scenario, the parent is not entitled to any compensation in the event of a child’s wrongful death claim.
What Surviving Family Members May Receive
It might be tough for a family to assign the value of a loved one’s life. That “number” would always come back as “priceless.” However, there is a level of reasonable compensation that the surviving family and their attorney can ask for.
In South Carolina, the two types of legal claims are a wrongful death action and a survival action. The goal of each action is to provide compensation for the surviving family but for different aspects of the claim.
This is what the family is entitled to:
Wrongful Death Action
The damages recovered in the wrongful death action are meant to cover the financial losses and emotional hardship caused by the accident. These costs can include the following:
Funeral Costs
These would be any of the costs associated with the funeral and burial expenses.
Future Income
If the decedent was gainfully employed at their death, the surviving family could be compensated for any potential income they could have expected. The decedent’s age and salary at the time of their death will be factored into the amount. Someone younger versus someone close to retirement stands to be compensated at a higher amount.
Employment Benefits Loss
In addition to the base salary, employment benefit losses, such as potential bonuses, retirement contributions, and raises, must also be considered.
Mental Anguish
The mental anguish associated with the death of a loved one can be overwhelming. In the premised of a wrongful death, the family would not have gone through that anguish had the death not occurred.
Companionship
When a loved one dies, the spouse and children lose out on companionship and guidance. That also needs to be compensated for.
Survival Action
The damages from a survival action are similar to a personal injury case. These would be the expenses related to all the economic and non-economic damages that you incurred after the accident but before the death. These damages can include the following:
- Medical expenses
- Income losses
- Conscious pain and suffering
While economic expenses like medical expenses and lost wages are easy to calculate, noneconomic damages are more complex. In these situations, your wrongful death attorney can apply the multiplier method, which would multiply the total economic damages by a number between 1 and 5 based on the family’s impact.
Proving Negligence for a Loved One’s Death
The basis for every wrongful death case is establishing negligence. That is not the same as an intentional act, such as assault or homicide. In that instance, a wrongful death claim can also be filed, but it is easier to establish who is at fault.
With negligence, there is no intent. Instead, your attorney will have to establish the following elements:
- The death of the individual in question occurred
- That death was caused by another person or company
- The surviving family is suffering financially as a result of the death
- An executor of the estate is eligible to file the claim.
The most challenging element is establishing that the actions of another person or company caused the death. To establish that, you and your attorney need to present the following types of evidence
- Police crash reports (if applicable)
- Medical reports
- Witness testimony
- Photos and video
Why You Need a Columbia Wrongful Death Lawyer
A wrongful death lawsuit must be filed within the three-year statute of limitations. That countdown begins on the day of the death. Although that might seem like a lot of time, there can be many delays set up by the insurance company. This is why you need to retain the services of an experienced Columbia wrongful death lawyer.
At The Solomon Law Group, LLC, we are ready to provide you with the dedicated help you need during these times. That support starts with a free case evaluation with our Columbia wrongful death lawyer.
You’ll be able to share what happened and how your family has been affected. You’ll also be able to ask any questions about the claim filing process and what you can expect from working with our firm.
If you decide to work with us, we’ll immediately bring our 24 years of litigation and negotiating experience into your claim.
Call us today to schedule your evaluation.
