My loved one was killed because someone was negligent. What are my rights?
When someone is killed due to the negligence of another, state statutes provide for what is known as a wrongful death action. The case must be pursued by the Personal Representative of the estate of the deceased person for the benefit of beneficiaries listed in the statute. Subject to some exceptions, the statutory beneficiaries for a married man with children, for example, would be his wife and children.
A wrongful death may also give rise to what in South Carolina is called a survival action. This is an action that may be brought on behalf of the estate of the deceased person, by the Personal Representative, to recover funeral and burial expenses and to recover for any conscious pain and suffering that occurred prior to death.
Who may be compensated for wrongful death claims in South Carolina?
Family members who are “heirs” under South Carolina Probate laws may recover for the wrongful death of their relative. Depending on the circumstances, this is usually the spouse and children of the deceased. To know whether you are eligible, we encourage you to contact our attorneys for a free case evaluation.
What types of compensation might I be awarded?
Each case is unique, but when compensation is awarded in these types of cases, it's usually awarded for the following:
- Loss of financial contributions
- Loss of inheritance
- Medical costs incurred prior to death
- Funeral and burial expenses
- Loss of guidance and nurturing
- Loss of consortium
- Loss of companionship
When you visit us for a consultation, we can give you a better idea of what you are likely to recover based on the details of your case.
Can I sue on behalf of a family member who has died from injuries caused by the negligence of another?
If the Probate Court has appointed you as Personal Representative of your family member's estate, you can bring a wrongful death lawsuit.
If you lost a loved one as a result of someone else's negligence, please call the experienced wrongful death attorneys of Whetstone, Perkins & Fulda, at 803-799-9400. We serve areas across South Carolina, including Columbia, Kingstree and Myrtle Beach.