Many aspects of wrongful death cases are complicated, particularly assigning a monetary value to your grief and other losses. Our lawyers appreciate this and can explain which damages may be recoverable and whom to seek them from in South Carolina.
To begin, compensation for economic damages is available. Compensable financial damages include hospital expenses, burial costs, and loss of earnings. Our lawyers will maintain careful records of all out-of-pocket expenses from a fatal accident to document and prove these losses sufficiently. We will also take the necessary steps to assess pain and suffering, which are much more challenging to quantify because of the subjective nature of these damages. If available because of the defendant’s recklessness, willfulness, or malice, our attorneys may also seek punitive damages in your injury complaint. Lawsuits award damages to a deceased victim’s surviving spouse and kids and must be filed within three years to succeed, which we can help ensure.
Call the Columbia, SC wrongful death attorneys of Burriss Ridgeway Injury Lawyers at (803) 451-4000 for a free and confidential case analysis.
What Damages Are Available in South Carolina Wrongful Death Claims?
According to S.C. Code Ann. § 15-51-40, wrongful death claims may compensate survivors according to the impact a victim’s death has had on their lives. Because of this, these lawsuits may cover economic, non-economic, and sometimes punitive damages. When preparing your case, we will pinpoint your exact damages and maintain accurate records of your losses as proof.
Economic Damages
Survivors often incur costly economic damages from a relative’s wrongful and untimely death. For example, there are the likely medical expenses associated with the victim’s fatal injuries, as well as funeral and burial expenses. Additionally, survivors who relied on victims’ incomes for financial support may recover damages for loss of future wages. Our attorneys can work with experts to calculate these damages so that survivors get relief for their many economic losses. There could be other out-of-pocket expenses, like property damage costs if the victim died in a car accident, and our South Carolina wrongful death attorneys can consider these as well.
Non-Economic Damages
Though the tangible damages associated with a fatal accident could be great, the intangible damages survivors incur are typically more substantial. The emotional distress and mental anguish associated with losing a loved one because of someone else’s negligent or reckless conduct are challenging to quantify. Our lawyers will use the appropriate methods to calculate your and other survivors’ pain and suffering for a claim. We can take various factors into account, such as loss of spousal support, companionship, or guidance.
South Carolina typically doesn’t cap non-economic damages, apart from cases involving negligent medical professionals or hospitals, according to § 15-32-220. Intangible damages are typically limited to $350,000, though they may increase as the number of defendants does.
Exemplary Damages
In South Carolina, juries may award exemplary damages when victims die due to recklessness, willfulness, or malice. For example, fatal drunk driving accidents could warrant exemplary damages, also called punitive damages, because they are used to further punish defendants for their egregious conduct. According to § 15-32-530(A), punitive damages are capped at three times the combined economic and non-economic damages awarded to survivors or $500,000, whichever amount is greater. Sometimes, exemplary damages won’t be limited, such as if the defendant’s conduct has resulted in a felony conviction for the victim’s wrongful death.
How Long Are Wrongful Death Damages Available in South Carolina?
Wrongful death damages are not available indefinitely, and not filing timely lawsuits will block survivors from recovering the compensation they deserve from the parties responsible for a family member’s fatal injuries.
Under § 15-3-530(6), the filing limitation on wrongful death lawsuits is three years. The date of accrual is generally the victim’s date of death, which could differ from an accident’s date if their injuries are not immediately fatal. Depending on how long it has been since the victim’s death, you may not have much more time to build and file your case, so do not hesitate to contact our lawyers. Wrongful death lawsuits require considerable evidence, and preserving proof at risk of being lost or destroyed is crucial. For example, after fatal car accidents, our lawyers can immediately obtain police reports, interview eyewitnesses, and involve crash reconstruction experts to determine liability and the collision’s sequence of events.
Attempting to file lawsuits outside of the filing window is typically futile unless plaintiffs can site valid tolling exceptions. Otherwise, judges might dismiss their claims, leaving them unable to hold liable parties accountable, which we can help avoid.
Who Gets the Damages from a Wrongful Death Case in South Carolina?
Damages in wrongful death cases only go to certain individuals. We can help you confirm which survivors get compensation and how court awards or settlements are divided.
Under § 15-51-20, wrongful death damages first go to the victim’s spouse and children. If no such relatives exist, damages would go to the victim’s parents. Compensation is divided according to South Carolina’s intestacy laws.
The individual who actually files the lawsuit, the plaintiff, must be the administrator of the victim’s will. Generally, this is someone close to the victim, such as their parent or spouse, but it doesn’t have to be. If the victim’s administrator is not an eligible beneficiary, they will not recover damages awarded in the case despite being the one bringing it.
Depending on a case’s path, it may settle or go to trial. Settlements can yield similar damages as jury awards, though this typically requires aggressive negotiations, which our lawyers can oversee. Settlements are binding once signed, so our attorneys will carefully review all offers to ensure they are fair and will help survivors begin to heal from a victim’s death.
Call Our Attorneys in South Carolina for Help with Your Wrongful Death Case
Call the Orangeburg, SC wrongful death attorneys of Burriss Ridgeway Injury Lawyers for help with your case at (803) 451-4000.