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Lake City, SC Wrongful Death Lawyer
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    Lake City, SC Wrongful Death Lawyer

    The loss of a family member can be incredibly painful, especially if it occurred because of someone else’s illegal or wrongful actions. Surviving family members may initiate wrongful death lawsuits to recover extensive damages for the loss of their loved one, and an attorney can provide major help.

    A wrongful death claim involves the passing of a family member as a direct result of another’s wrongful behavior. Wrongful behavior may include illegal actions, but it does not have to. Many wrongful death cases stem from unintentional accidents, like car crashes or accidents in the workplace. Remember, while family members may be named as beneficiaries in a wrongful death lawsuit, the case itself must be filed by the deceased person’s personal representative.

    Call Burriss Ridgeway Injury Lawyers at (803) 451-4000 and ask our wrongful death attorneys for a free, private legal assessment.

    How Do You Know if You Have a Wrongful Death Claim?

    The death of a family member always feels wrong, but a wrongful death, at least in the legal sense, can be tricky to understand. If you are unsure about the conditions surrounding your loved one’s passing in any way, talk to a lawyer immediately.

    Losing a Family Member

    A death may be considered wrongful if it occurs because of another person’s illegal or wrongful actions. Wrongful actions often involve negligence, a lack of due care, or even intentional harm.

    Have you lost a loved one recently under wrongful circumstances? If so, you may be eligible to pursue a wrongful death lawsuit.

    Eligibility to File a Wrongful Death Claim

    What many are surprised to learn is that family members cannot file wrongful death cases. Instead, someone named as the deceased person’s personal representative must file the case, and family members may be included as beneficiaries.

    The personal representative acts on behalf of the deceased person’s estate and any legal actions or interests that survive their death. This person may be named in your deceased loved one’s will. If no one is named, our wrongful death lawyers may request that the court appoint someone.

    When Did Your Loved One Pass Away?

    The key legal factor here is that your loved one must have passed away as the direct result of another’s illegal or wrongful actions. Even if the injuries themselves occurred some time ago, you can still file a wrongful death case if your loved one passed away only recently.

    For example, someone who becomes sick due to negligent exposure to toxic materials at work might survive for a long time, slowly declining until they pass away. Family members can still sue for wrongful death in this situation.

    What Damages Are Available in Wrongful Death Cases in Lake City, SC?

    Damages in wrongful death cases tend to be high, as courts often struggle to compensate for something as severe as death adequately.

    Loss of Financial Support

    Surviving family members may claim the loss of the financial support they received from the deceased. This is especially important when the deceased person was a spouse who contributed financially to the household, and now the surviving spouse must cope on their own.

    Loss of Services

    Even if your loved one did not contribute financially, they may have provided valuable services to you and your family. For example, maybe a deceased spouse was a stay-at-home parent while the surviving spouse worked outside the home. In that case, the value of those childcare services, which would likely be enormous, should be claimed.

    Loss of the Personal Relationship

    Non-economic damages in wrongful death cases can be complicated. The pain of your loss may be immense, and you can claim compensation for the loss of your personal relationship.

    This might be a claim for the loss of consortium between spouses, or the loss of parental guidance and affection for a child.

    Punitive or Exemplary Damages

    In wrongful death cases, surviving families may claim punitive damages. These are available only in cases where a defendant is proven by “clear and convincing evidence” to have caused the victim’s death through willful, reckless, or wanton conduct.

    Punitive damages tend to be rare, as they require a shockingly high degree of negligence or indifference from defendants, but they can be substantial when awarded.

    Filing a Survival Action Related to a Wrongful Death

    A wrongful death lawsuit is usually filed for the benefit of surviving family members. To get compensation for the damage your loved one incurred before they passed away, you must file a survival action.

    What is a Survival Action?

    A survival action is a claim filed on behalf of the deceased person’s estate rather than for the benefit of surviving loved ones. Instead of compensation being paid directly to surviving family members, it would go to the estate.

    Survival actions include various legal claims that survive the plaintiff’s death and often include claims they could have raised themselves had they survived.

    Damages Available in a Survival Action

    In a survival action, you may claim damages your loved one incurred before succumbing to their injuries. For example, if they received emergency medical treatment before passing away, you may claim the costs of that medical care.

    Who Benefits from a Survival Action?

    The deceased person’s estate receives compensation from a survival action, not necessarily the deceased person’s family members, at least not directly. They may still inherit under the deceased person’s will or state probate laws, but this may depend on what the will contains or on their relationship to the deceased.

    FAQs About Claims for Wrongful Deaths in Lake City, SC

    When Should Someone File a Wrongful Death Case in Lake City, SC?

    In South Carolina, you have no more than 3 years to file a wrongful death lawsuit. It is crucial to note that the 3-year limitation period begins on the day your loved one passes away, not necessarily the day they were initially injured.

    Are Survival Actions the Same Thing as Wrongful Death Claims?

    No. A wrongful death lawsuit is filed for the benefit of surviving family members, and damages include losses and injuries experienced by the surviving family members.

    A survival action is filed on behalf of the deceased person’s estate and involves claims the deceased could have raised had they survived.

    Is a Wrongful Death Case Worth Significant Compensation?

    Yes. Courts know that no amount of money can ever truly make up for the loss of a family member, so juries and judges tend to be more inclined to award much higher damages.

    Who Can File a Wrongful Death Lawsuit?

    The deceased person’s personal representative must file a wrongful death lawsuit, and the family may be named as beneficiaries of the lawsuit. If you are unsure who the personal representative is, your attorney can help. They may be named in the deceased person’s will. Alternatively, you can ask the court to appoint one for the purpose of filing the lawsuit.

    Ask Our Wrongful Death Lawyers in Lake City, SC to Review Your Case

    Call Burriss Ridgeway Injury Lawyers at (803) 451-4000 and ask our wrongful death attorneys for a free, private legal assessment.

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    Results

    $11 Million
    Confidential settlement regarding a father of three that was catastrophically injured at his workplace when he was the victim of negligent acts committed by a corporate defendant that placed him in danger.
    Confidential settlement regarding a father of three that was catastrophically injured at his workplace when he was the victim of negligent acts committed by a corporate defendant that placed him in danger.
    $8.5 Million
    Client’s husband was struck and killed by a speeding driver working for a South Carolina corporation who was in the course and scope of his employment at the time of the crash. The decedent left behind a spouse and three children.
    Client’s husband was struck and killed by a speeding driver working for a South Carolina corporation who was in the course and scope of his employment at the time of the crash. The decedent left behind a spouse and three children.
    $6.2 Million
    Client was struck and killed by a commercial vehicle that was distracted at the time of the crash. The event occurred on a rural South Carolina roadway. Claims were brought against the driver as well as the corporation.
    Client was struck and killed by a commercial vehicle that was distracted at the time of the crash. The event occurred on a rural South Carolina roadway. Claims were brought against the driver as well as the corporation.
    $6 Million
    The Plaintiff was injured as a result of a failing component of a commercial motor vehicle that fell from the vehicle into the roadway. The Plaintiff brought claims against the owner and operator of the tractor trailer as well as the manufacturer of the vehicle.
    The Plaintiff was injured as a result of a failing component of a commercial motor vehicle that fell from the vehicle into the roadway. The Plaintiff brought claims against the owner and operator of the tractor trailer as well as the manufacturer of the vehicle.
    $5 Million
    The client’s child was killed in a crash involving a trucking company. Claims were brought against both the trucking company and the owner of the faulty equipment that was unsafe for use on the roadway.
    The client’s child was killed in a crash involving a trucking company. Claims were brought against both the trucking company and the owner of the faulty equipment that was unsafe for use on the roadway.
    $4.1 Million
    The Plaintiff was injured as a result of a refrigeration system that malfunctioned, spraying ammonia gas into the Plaintiff's face. As a result of this event, the Plaintiff sustained significant vision loss. The Plaintiff brought claims against his employer and the manufacturer of this system.
    The Plaintiff was injured as a result of a refrigeration system that malfunctioned, spraying ammonia gas into the Plaintiff's face. As a result of this event, the Plaintiff sustained significant vision loss. The Plaintiff brought claims against his employer and the manufacturer of this system.
    $2 Million
    The Plaintiff was injured while riding his motorcycle when he collided with another vehicle. This event occurred in the city of Columbia and the Plaintiff sustained significant bodily injury resulting in extensive medical expenses and permanent injury.
    The Plaintiff was injured while riding his motorcycle when he collided with another vehicle. This event occurred in the city of Columbia and the Plaintiff sustained significant bodily injury resulting in extensive medical expenses and permanent injury.
    $1.8 Million
    The Plaintiff was injured when he was rear-ended by a tractor trailer on Interstate 20. The Plaintiff brought claims against the owner and driver of the tractor trailer for his injuries relate to his lower back.
    The Plaintiff was injured when he was rear-ended by a tractor trailer on Interstate 20. The Plaintiff brought claims against the owner and driver of the tractor trailer for his injuries relate to his lower back.
    $1.5 Million
    The Plaintiff sustained significant injury when she was attacked by a dog while performing repairs on a rental property. The Plaintiff was at the rental property as part of her employment with a rental management agency. She was attacked by the animal and sustained permanent nerve damage in her legs.
    The Plaintiff sustained significant injury when she was attacked by a dog while performing repairs on a rental property. The Plaintiff was at the rental property as part of her employment with a rental management agency. She was attacked by the animal and sustained permanent nerve damage in her legs.
    $1.3 Million
    The Plaintiff was killed as a result of a collision with a logging truck that had been improperly loaded by a timber harvester. The proceeds of the settlement were funded by both the timber harvester and the owner of the logging truck.
    The Plaintiff was killed as a result of a collision with a logging truck that had been improperly loaded by a timber harvester. The proceeds of the settlement were funded by both the timber harvester and the owner of the logging truck.
    $1.5 Million
    The Plaintiff underwent surgery to her neck as a result of injuries sustained when she was struck on the head by a piece of loading equipment at her job. The Plaintiff was employed by a national retailer and was engaged in stocking shelves when the piece of equipment failed. After settling her workers' compensation claim, the Plaintiff brought a claim against the manufacturer of this equipment.
    The Plaintiff underwent surgery to her neck as a result of injuries sustained when she was struck on the head by a piece of loading equipment at her job. The Plaintiff was employed by a national retailer and was engaged in stocking shelves when the piece of equipment failed. After settling her workers' compensation claim, the Plaintiff brought a claim against the manufacturer of this equipment.
    $1.1 Million
    The Plaintiff brought a claim against a local medical facility for a false positive HIV reading. As a result of this false positive, the Plaintiff lived for 4½ years believing that she had the virus which leads to what she feared was an eventual AIDS diagnosis.
    The Plaintiff brought a claim against a local medical facility for a false positive HIV reading. As a result of this false positive, the Plaintiff lived for 4½ years believing that she had the virus which leads to what she feared was an eventual AIDS diagnosis.
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