Losing a loved one unexpectedly is devastating, especially when the fatality is the result of another party’s negligence or intentional misconduct. An experienced Chesterfield County Wrongful Death Lawyer can help you navigate your legal options during this difficult time. Please continue reading to learn what compensation can be recovered in a South Carolina wrongful death case.
Who Can Recover Damages in a South Carolina Wrongful Death Case?
When an individual dies due to another party’s negligence, recklessness, or intentional act, a wrongful death claim can be pursued. However, it’s important to note that only the personal representative of the deceased person’s estate is eligible to file. Although the representative files the lawsuit, the compensation recovered will go to eligible beneficiaries such as the surviving spouse, children, or parents (if no spouse or children).
What is a Survival Action?
A survival action is a distinct legal claim that is frequently filed alongside a wrongful death lawsuit in South Carolina. While the wrongful death claim is designed to provide financial relief to the surviving family members for their losses stemming from the death, the civil action serves a different purpose. The damages recovered in a survival action are paid to the deceased’s estate, not directly to the relatives. This compensation covers the losses and suffering the individual endured in the time between the injury-causing incident and their eventual death.
What Types of Damages Are Available?
South Caroline allows a wide range of recoverable damages in wrongful death cases. They are generally categorized to cover tangible and intaingible loses. Financial, or economic damages, are designed to compensate for the measurable monetary loss, including the deceased’s lost income, benefits, and specific financial expenses like medical and funeral costs.
Non-economic damages, on the other hand, address the emotional impact on surviving family members, covering pain and suffering, and the loss of companionship and guidance. In cases of gross negligence, punitive damages may be awarded to deter similar egregious behavior in the future.
How is Compensation Determined in a Wrongful Death Case?
When it comes to wrongful death cases in South Carolina, the court determines damages by considering the various personal and financial factors specific to the deceased and their beneficiaries. They often consider the age and overall health of the deceased, as this impacts the projection of their expected lifespan and future earning potential. Additionally, they will examine the deceased’s earning capacity, career path, and employment history to establish a reliable baseline for calculating lost income that the family would have benefited from. The nature of the relationship between the deceased and the beneficiaries is also scrutinized, as this impacts the value placed on loss of guidance and support.
Furthermore, the calculator of damages also accounts for the non-economic but crucial contributions the deceased made ot the family, such as childcare, household management, or other services that now must be replaced. The unique circumstances surrounding the death play a major role. If the death was caused by gross misconduct, it can result in punitive damages being awarded. The court strives to arrive at a fair value that compensates the surviving members for their profound loss.
If you’ve lost a loved one due to someone else’s negligence, please don’t hesitate to contact the Cockrell Law Firm, P.C. Our legal team is prepared to fight for the justice your family deserves.