Tragically losing a loved one is perhaps the worst possible thing that could happen to any family.
While you are going through the grieving process, you are also expected to deal with the legal process. You must prove that you legally deserve financial compensation before you can even begin to talk about a potential settlement. Then, negotiating the settlement or trying the case requires diligence and experience that you may not have on your own. The attorneys at Hunter & Everage stand up for South Carolina families who have lost family members in tragic accidents or incidents where someone else was to blame.
Proving Wrongful Death in South Carolina
In a wrongful death case, you need to prove the same thing that you would in any other personal injury claim. The only difference is that personal injury is the one suffered by a family when they have lost a loved one.
To win a wrongful death case, you must prove that there was a “wrongful” element involved. In most cases, the wrongful aspect is the responsible party’s negligence that caused your loved one’s death. Wrongful may also involve an intentional action that caused the death.
To prove a wrongful death case, you must demonstrate each of the following elements:
- Someone else failed to act with the ordinary care that is required of them under the circumstances
- There was the death of another person
- The negligence caused your loved one’s death
- The family suffered losses when the family member died
Who Files Wrongful Death Claims Under South Carolina Law?
The person named as the personal representative files the wrongful death lawsuit. Often, this is a family member named in the deceased person’s will. The personal representative is the only person who has the authority to settle a wrongful death case, although a probate court must approve a settlement agreement.
There is an order of precedence regarding who may receive proceeds from a wrongful death case filed in South Carolina.
- The wife or husband of the deceased person
- The children, if there are any
- The parents, if there are no children or surviving spouse
How Wrongful Death Proceeds Are Divided in South Carolina
Wrongful death proceeds are divided based on a statutory formula. It does not matter whether the deceased person left a will and how they determined that their assets are to be split among the heirs.
In South Carolina, the rules for dividing a wrongful death claim are as follows:
- If there is a spouse and no children, the spouse receives 100% of the proceeds.
- If there is a spouse and children, the spouse receives half and the children divide half.
- If there is no spouse, but there are children, the children equally divide the proceeds.
- The parents only receive money if there is no spouse or children.
Damages My Family Can Receive
Your family loses a great deal when a loved one has died. Your loved one may have made contributions in several ways, and you can be paid for what you lost.
Wrongful death damages extend beyond actual economic losses and can include:
- Your loved one’s earnings for the time they would have continued to work
- Loss of the guidance and support provided by the deceased family member
- Loss of the close relationship that you had with a family member
- Loss of consortium for the spouse
- Your family’s grief and trauma that you have endured from suddenly and tragically losing a loved one
In addition, South Carolina law allows for exemplary damages based on the degree of wrongful conduct on the part of the responsible party. If they were extremely negligent or reckless, your family could receive even more money if you won your case at trial (although punitive damages are not paid in a settlement agreement).
There is also another type of lawsuit that is often filed alongside a wrongful death case. A survival action seeks compensation for the damages the deceased person suffered between the time of their injury and death. There is often a survival case when the family member did not die immediately from their injuries. Survival action damages are divided by the terms of the will.
Why You Need a Wrongful Death Attorney
The legal process is the last thing your family needs to deal with when you are going through your grief. Beyond that, you can never count on an insurance company to do the right thing, even if their policyholder’s liability is apparent. An experienced wrongful death attorney can handle all of the details while your family focuses on supporting each other during this difficult time.
The wrongful death lawyers at Hunter & Everage can do the following for your case:
- Investigate what happened and compile evidence that could prove someone else was to blame
- Learn your family’s situation and how you have suffered to quantify your damages
- File a wrongful death claim or lawsuit on your behalf
- Continue to build your claim through the lawsuit process
- Negotiate a settlement with the insurance company or defendant on your behalf
- Try your case in court in the rare event that a settlement cannot be reached
Our attorneys go the extra mile for your family, doing everything necessary to get you the highest possible amount of compensation in your case.
Let a York County Wrongful Death Attorney Fight for Your Family’s Future
You only have one chance to be compensated for the wrongful death of your loved one. You must receive every dollar that you deserve because that is money your family needs now and in the future and it represents a loss that you have suffered. The attorneys at Hunter & Everage can compassionately handle your case while fighting for your legal rights. Reach out to us today through our website, or call us at 704-377-9157 to speak with an attorney.