Allendale, SC Wrongful Death Lawyer

When a loved one dies unexpectedly in an accident, you and your family are left with damages you need covered, ongoing lost wages, and the loss of a whole person.  Our lawyers can help you seek damages for these harms.

We can fight insurance companies and defendants for damages to cover lost wages, funeral expenses, and other costs your family now faces.  We can also get compensation for your loss itself and the emotional toll it takes on your family.

Reach out to Burriss Ridgeway Injury Lawyers’ wrongful death lawyers at (803) 451-4000 to get started on your case.

Wrongful Death vs. Estate Actions

When a loved one dies, two lawsuits are typically filed together: a wrongful death lawsuit and an estate action, also called a survival action.

Purpose

In the wrongful death claim, the family files for the harms they face because of the death.  However, the estate can also sue for the damages the victim faced.

If the victim lived, they would have been entitled to file a personal injury case.  The estate action is that lawsuit, continuing past their death.

Damages

In the wrongful death lawsuit, the family can recover damages for economic harms, like funeral expenses and lost wages, as well as non-economic damages, like their lost companionship.

The estate claim recovers pre-death damages, like pre-death medical care, lost wages, and pain and suffering.

Who Files?

Both claims are filed by the personal representative of the victim.  This is their executor – the person named in their will to handle their estate.  If they had no will, a court can appoint someone to act as personal representative – potentially you, if you are the victim’s spouse, parent, or child.

Who Benefits?

The winnings from the wrongful death action are given to the victim’s heirs who suffered those damages.  Each parent, child, and the spouse can receive their share of the damages, according to their share of the harm suffered.  The heirs in this situation are the ones named under the law who would inherit if there was no will.

The victim’s pre-death damages are paid to the estate, and that passes to the victim’s heirs.  In this situation, we use the heirs named in the will if there is one, and the heirs named in the law if there is no will.

What Damages Can You Claim in a Wrongful Death Claim?

There are plenty of damages involved in these claims that our wrongful death lawyers can help your family recover.

Pre-Death Medical Bills

The cost of treating the victim’s injuries – or at least making them comfortable at the end of their life – can be claimed in the survival/estate action.

Pre-Death Lost Wages

The same is true of lost wages before the death.  If the victim lingered a long time and missed a lot of work before passing, those damages are claimed here.

Pre-Death Pain and Suffering

Any time the victim was conscious and aware of what was happening as they faced injury and death results in damages.  Especially if they lingered before passing, these damages could be substantial.

Funeral/Burial Costs

The family can recover the costs they incur for funeral and burial services.  These damages are typically paid at a reasonable amount, not necessarily the amount actually paid.

Family’s Lost Income

If the family loses income and support going forward, they can recover the total amount their deceased family member was expected to make before passing.  This can be substantial for a spouse, who would have been supported for the rest of their life together, but might be limited for a minor child to cover only the support through to age 18 (or thereabouts).

Other Economic Damages for the Family

Your family loses out on other costs and expenses without your loved one there.  For example, the value of a spouse’s/parent’s household services (cleaning, cooking, home improvement) can be accounted for.

Family’s Emotional Distress

Your family also faces emotional distress, lost companionship, and grief from the loss.  These have no value to start, but you can claim monetary damages for these harms.

What Evidence Do You Need?

Most wrongful death cases rely on testimony from outside witnesses, since the victim is not there to explain what happened to them.  You can also use photos and video, especially if there was security video of the accident.

Many times, we can also rely on the medical records to assess how the injuries happened, along with accident reconstruction reports.

Does Insurance Cover Death Cases?

If there was an insurance policy to cover the accident and the damages it caused, it can be used to cover the damages in a wrongful death case.  For example, homeowners insurance and business liability insurance cover accidents on their premises, such as injuries in slip and falls or fires.

One of the most common causes of death is car accidents, which are typically covered by insurance.

How Long Do You Have to Sue?

South Carolina law gives you 3 years from the date of death to file the case.

Does the Victim Need a Will?

No.  The claims are filed by a personal representative – who can be named in a will.  But if the victim died without a will, the probate court can appoint a personal representative instead.

The family members who recover damages from the wrongful death case are named in the intestacy statute, so they are the ones to recover whether or not a will was written.

Does a Will Change Who Can Sue?

The will names a personal representative.  Since that is the person who sues, a will can change which person literally files the lawsuit.

Does a Will Change Who Can Benefit?

Partly.  The heirs who recover damages in a wrongful death lawsuit are listed in the law, not a will.  That means it is the parents, spouse, and children, even if the will would say otherwise.

The will can name who gets the victim’s estate, though.  Since the survival action damages are paid into the estate, a will can change who gets that money.

Call Our Allendale Wrongful Death Lawyers

Dial (803) 451-4000 to speak with the wrongful death attorneys at Burriss Ridgeway Injury Lawyers about your potential claim.