After losing a loved one, there is a long period of grief. When you lose a loved one in a preventable accident, that grief is likely accompanied by anger and frustration. In cases of wrongful death, you can and should seek justice and compensation for the damages caused. We understand that making the choice to move forward with a formal wrongful death lawsuit is a big decision. The Law Offices of Marion M. Moses, LLC has put together a list of information for you to know as you begin a wrongful death case.
Common Types of Wrongful Death Lawsuits
Not all accidents are grounds for a wrongful death lawsuit. However, where there was recklessness or wrongdoing by a neglectful party, this can typically warrant a wrongful death case.
Some of the common types of accidents that result in wrongful death lawsuits are:
- Car accidents: accidents caused by drunk, impaired, or reckless drivers are subject to wrongful death lawsuits.
- Motorcycle accidents: each year, a number of motorcyclists are killed by unobservant drivers. If a reckless passenger vehicle strikes and kills a motorcyclist who is following the rules of the road, this can lead to a wrongful death lawsuit.
- Medical malpractice: when healthcare professionals fail to follow the standard duty of care, they can be held responsible in a medical malpractice/wrongful death lawsuit.
- Nursing home abuse: nursing home staff are trusted with the care of our loved ones. Unfortunately, numerous cases of neglect and abuse have led to wrongful death. This was especially true during the height of the COVID-19 pandemic.
- Workplace accidents: certain careers come with more risk than others. Still, employers are required to provide as safe a workplace as possible. When improper maintenance and safety protocols lead to a workplace fatality, it is a wrongful death.
- Product liability: if a defective product causes someone to lose their life, the manufacturer or product designer may be held responsible.
What is Compensation You Can Receive for a Wrongful Death Lawsuit?
There are many damages you can receive in a wrongful death case.
You may receive compensation for:
- Pain and suffering
- Lost companionship
- Funeral expenses
- Medical bills
- Lost inheritance
- Loss of benefits, like healthcare
Depending on the circumstances of the death, you may also receive punitive damages. These are payments made by the at-fault party to the victim’s family as additional punishment. They are not meant to cover a specific cost like the examples above but are extra compensation.
Can Anyone File a Wrongful Death Lawsuit?
This answer depends on which state the descendent lived in. In South Carolina, only the executor of the deceased’s will can file a wrongful death claim. If the descendent did not have a will at the time of their death, it will be up to the court to name who can file a wrongful death lawsuit.
Is There a Statute of Limitations for Wrongful Death Cases in SC?
Yes, a wrongful death lawsuit must be filed within three years of the fatal accident. After that time passes, it will be extremely difficult, if not impossible, to move forward with a claim.
Hiring an Attorney for Your Wrongful Death Claim
Working with an attorney is the best way to get the highest settlement possible. A wrongful death attorney can demonstrate how your loved one’s preventable passing has affected your family. By explaining the pain that the survivors feel, a wrongful death attorney can help fight for you to receive justice and compensation after the tragedy.
Columbia, South Carolina Wrongful Death Attorney
If you feel that you are ready to take the next steps in a wrongful death claim, contact The Law Offices of Marion M. Moses, LLC. We are here to support you and guide you through the process, as we fight for you to get the compensation you deserve.