Bamberg, SC Wrongful Death Lawyer
When a loved one is killed in an accident, it affects your family both emotionally and economically. Getting damages for these harms is often the only way for your family to move forward, especially if you are now left without income and economic support because of a parent or spouse’s death.
Our wrongful death lawyers help families get justice for what happened to their loved ones. We file claims and lawsuits against drivers, trucking companies, construction firms, product manufacturers, and other parties responsible for wrongful deaths to help our clients get the damages they need.
To get started with a free case evaluation, call the wrongful death lawyers at Burriss Ridgeway Injury Lawyers today at (803) 451-4000.
What Do You Need for a Wrongful Death Case?
To have a wrongful death case – or at least a strong one – you need the following:
A Wrongful Act
Most wrongful death cases involve an accidental death. This often comes from some kind of negligent or reckless act, which we need to be able to prove.
You can also file a wrongful death claim for manslaughter, murder, and other intentional killings. If a loved one was murdered, a civil case can succeed even where criminal charges might fail because of the lower burden of proof in civil cases.
Elements of Negligence
As mentioned, most claims are based on negligence. This means showing the following elements:
- The defendant owed your loved one a legal duty.
- The defendant breached that duty.
- That breach caused the accident that killed your loved one.
- Your loved one died, and you and your family faced other damages, too.
For example, a breach of duty could stem from a drunk driver violating our DUI laws or a doctor failing to uphold the standard of care.
Determining the At-Fault Party
Our wrongful death lawyers need to investigate what happened to determine who was at fault for the death. We do not pick a defendant then try to fit the evidence to the chosen person or company.
The party responsible usually depends on the situation:
- Property owners are often liable for premises liability accidents, such as building fires.
- Other drivers are often liable for deadly car accidents.
- Trucking companies are often liable when their trucker causes a deadly crash.
- Doctors and hospitals may share liability if your loved one died from negligent medical care or surgical mistakes.
- The seller or manufacturer could be liable for deadly product injury cases.
Evidence
We also need sufficient evidence to prove what happened. In a wrongful death claim, you have to prove the case “by a preponderance of the evidence,” which is essentially a “more than 50%” standard.
This often requires testimony about how the accident happened, medical records showing the injuries your loved one faced, and, if we have a record of them, statements the victim made before passing.
Wrongful Death vs. Survival Claims
In a wrongful death case, there are actually two claims you file: a wrongful death claim and a survival claim.
Wrongful Death
A wrongful death claim compensates the family for the death of a close family member. This claim focuses on the harms you faced, such as
- Funeral and burial costs
- Ongoing lost wages/support
- Lost household services
- Grief
- Lost companionship.
Survival Action
If the victim lived, they could have filed a personal injury case against the defendant. That claim survives as the “survival action,” which the estate files to recover the victim’s pre-death damages:
- Lost wages
- End-of-life medical expenses
- Pre-death pain and suffering.
If your loved one lingered in the hospital for a while before dying, these damages could be substantial.
Funeral expenses can be claimed in this lawsuit instead, but you can only claim them once.
Who Files the Lawsuit?
Both lawsuits are filed by the victim’s personal representative/executor. This person is named in their will, if they had a will, or appointed by the probate court if they did not.
Who Benefits?
The wrongful death lawsuit pays damages directly to the victim’s family, in the amounts each of them suffers damages. For example, a spouse may get the full funeral expenses and ongoing support for the rest of their life, while a minor child might get support into adulthood.
These damages go to the spouse and children first, but if there are none, they can go to parents or other heirs instead.
The survival action pays the winnings into the victim’s estate, and that is divided according to the victim’s will (or the intestacy statute, if they died without a will).
FAQs for Wrongful Death Cases in Bamberg, SC
Can You Sue for Non-Economic Damages in a Wrongful Death Case?
Some states block victims from suing for their own non-economic damages when a loved one dies, focusing on economic harms only. South Carolina does allow non-economic damages for things like your grief, lost companionship, and mental anguish after losing a loved one.
How Long Do You Have to Sue?
Most cases give you 3 years to file from the date of death.
Does a Will Affect Who Can File a Wrongful Death Case?
If the victim died with a will, it will usually appoint a personal representative to take care of their affairs. If they died without a will, the courts can choose the personal representative. This is the person who actually files the wrongful death and survival lawsuits.
Any amounts that are paid into the estate get divided according to the will. The damages paid directly to the family always go according to state law, not the will, to the spouse and children, then parents, then other heirs.
Can You Sue for Deaths at Work?
Filing a lawsuit against a loved one’s employer for a work-related injury or death is usually barred. However, our lawyers can help you file a Workers’ Compensation claim for their death, and potentially sue outside third parties for wrongful death, such as a driver or equipment manufacturer.
Call Our Wrongful Death Attorneys in Bamberg, SC Today
Call (803) 451-4000 to go over your potential case with our wrongful death lawyers at Burriss Ridgeway Injury Lawyers.
