Our David W. Martin Accident & Injury Lawyers in Indian Land are sincerely concerned about our South Carolina residents when they lose a loved one to negligence. Whether their loss stems from a vehicle collision, boat accident, criminal behavior, workplace incident, or while their family member was under the care of a physician or nursing home facility when their death occurred, our Lancaster County wrongful death attorneys can help investigate the cause, so the survivors can pursue justice.
Here is what South Carolina family members need to know about pursuing a wrongful death claim against a potentially liable party.
Proving Negligence Occurred Requires Meeting the Legal Threshold for Wrongful Death
Our personal injury attorneys in Indian Land know that when a loved one loses their life under untimely circumstances, the family wants answers.
Unfortunately, not all fatalities legally rise to the level of wrongful death, which could leave the families seeking justice for years to come. Our skilled Lancaster County wrongful death lawyers can help families understand what it takes to build a successful claim against the negligent party who may be liable for their loved one’s death.
That includes presenting that the case meets the legal threshold for pursuing a wrongful death claim, which requires evidence that:
- The person or parties believed to be liable were responsible for the individual’s safety at the time of his or her death.
- The responsibility for their safety was breached negligently, intentionally, or recklessly.
- The breach led to the deceased person’s death.
- The loss of life led to financial damages.
A common example of wrongful death can include a drunk driver colliding with another vehicle that was sitting at a stop sign or traveling lawfully alongside and killing one or more of the vehicle’s occupants. The act of getting behind the wheel when legally intoxicated is negligent behavior that directly led to the loss of life, and serious financial hardship for the surviving family members.
Who is Eligible to File a Wrongful Death Claim in South Carolina?
Not all surviving family members are eligible to file a wrongful death claim in South Carolina.
Eligible South Carolina family members may include the:
- Surviving Spouse
- Additional individuals identified as legal heirs if the previous relationships do not exist
If you have questions regarding your eligibility to file a wrongful death claim in South Carolina, so you can pursue financial recovery for your losses, contact our skilled personal injury lawyers in Lancaster County today.
What Types of Damages Can Eligible Family Members Pursue During a South Carolina Wrongful Death Claim?
Like all South Carolina personal injury cases, the damages for wrongful death claims will vary, based on the family’s overall losses.
Common financial recovery options in South Carolina wrongful death cases may include:
- Medical bills and other expenses the family member incurred before his or her death
- Physical pain suffered by the family member before his or her death
- Funeral and burial expenses
- Lost wages and benefits
- Loss of inheritance
- Loss of care, companionship, and protection
- Loss of experience, knowledge, and judgment
Allow our Lancaster County wrongful death lawyers to review your case today during a free consultation. We can help you determine whether you are eligible to file a claim, so we can get started on your case.
Contact Our David W. Martin Accident & Injury Lawyers in Indian, South Carolina to Schedule a Free Consultation Today
If you believe your loved one’s death was the result of negligent action or inaction in South Carolina contact our David W. Martin Accident & Injury Lawyers in Indiana Hill today by calling (803) 548-2468 to learn more about your legal rights and options to hold the negligent party — or combination of parties — liable for your complete financial recovery needs.
We provide free consultations for all personal injury cases in South Carolina, and never charge any legal fees unless we deliver a positive outcome for your unique case.