No one wants to imagine something unthinkable happening to a loved one. Death is not something most people want to think or talk about. And no one wants to ask ahead of time, “What is a wrongful death case,” because no one expects it to happen in their family. But when a death was caused by negligence or even caused intentionally, it is a whole new level of emotional and financial pain for the surviving family members.
If your family member passes away due to negligence, intentional harm, or other wrongful circumstances, you may file a wrongful death claim to get the damages your loved one could have claimed for themselves had they survived. Wrongful death claims may stem from a wide variety of circumstances. Some common examples include medical malpractice, ordinary negligence (e.g., car accidents), and intentional acts of violence. How we prove your claims in a wrongful death case largely depends on how your loved one passed away, but negligence tends to be a common thread running through many cases. Damages in your case will likely be high, as death is something that courts can never fully compensate with money.
Call our South Carolina wrongful death attorneys at Burriss Ridgeway Injury Lawyers at (803) 451-4000 and ask for a free, private case assessment.
What is a Wrongful Death Case?
A wrongful death case is a legal claim surviving family members can file on behalf of the person who was wrongly killed. According to S.C. Code Ann. § 15-51-10, if a person passes away because of a wrongful act or default of someone else, and the deceased person could have pursued a personal injury case for their injuries had they survived, their surviving family may file a wrongful death claim to claim those damages.
The family survivors (or the estate) of a victim who died because of another person’s negligence or intentional wrong actions can file a wrongful death claim. A wrongful act is defined rather broadly and might include a whole host of wrongful, negligent, or intentional behaviors. For example, ordinary negligence, common in many personal injury claims, might be the cause of someone’s death. Not only that, but intentional actions may also be grounds for a wrongful death claim. While negligence is common in these cases, it is not explicitly required.
Remember, not every death is considered wrongful, at least not in a legal sense. Death is a very hard thing to come to terms with, especially if you lose a very close family member. If you believe wrongful circumstances played a role in your loved one’s passing, consult an attorney before making any serious accusations against anyone.
Types of Wrongful Death Claims in South Carolina
Wrongful death cases often involve a broad spectrum of accidents, injuries, and wrongful circumstances. One of the most important elements in a wrongful death case is determining the cause of death and figuring out how the defendant is involved. Our South Carolina wrongful death lawyers will work to figure out what kind of claim you have so we can prepare the most effective legal strategies for your case.
Medical Malpractice
Medical malpractice may occur when a careless doctor or other licensed medical professional causes injury or harm to a patient. Many wrongful death cases involve claims of medical malpractice from surviving family members. For example, your loved one might not have survived an important surgery because the surgeon was negligent. Keep in mind that not all cases of patient deaths are caused by medical malpractice and might not be grounds for wrongful death claims.
Medical malpractice is more than mere medical mistakes. It involves a doctor or other medical professional providing treatment that falls below the standard of care. Sometimes, patients cannot be saved, even when a doctor implements the best medical treatment they can provide. Often, we need another medical professional to review the deceased person’s medical records to determine if malpractice is present.
One example of negligent treatment that falls below the standard of care is leaving behind surgical instruments in a patient’s body. A surgeon might negligently leave behind something like a surgical sponge or a scalpel, which can cause discomfort, pain, and complications for the patient.
Negligence
Ordinary negligence is a very common factor in wrongful death cases. It might occur almost anywhere under all sorts of circumstances. Defendants who negligently cause someone’s death often do not mean to and might be extremely distressed about what happened. Even so, that does not exclude their negligent behavior, and you should speak to an attorney about how to get fair compensation.
Negligence might occur in a place where people rely on others for care, like a nursing home, school, or daycare. If the person or people in charge of providing care are negligent, those in their charge might be hurt. Children and the elderly tend to be very vulnerable to injuries and accidents, and even seemingly minor acts of negligence might lead to disaster.
Negligence may also come up in a Worker’s Compensation situation. If your loved one was injured at work and passed away because of their injuries, you might be able to claim their Workers’ Compensation benefits. Keep in mind that you might not be able to sue your loved one’s employer, according to Workers’ Compensation laws. However, if a third party is responsible, you could potentially sue them for wrongful death.
Negligence may also be an important factor in a wrongful death with a property owner who has premises liability. People might be badly injured because of unsafe conditions on someone else’s property. For example, your loved one might have fallen down the stairs in a department store because the stairs were unsafe and in disrepair. In such a case, the owner of the department store may be held liable for neglecting the property and causing someone to become injured.
Intentional Actions
Not every wrongful death case is related to accidents or negligence. In some cases, people are injured and pass away because of someone else’s intentional actions. Remember, an intentional action does not necessarily mean that the defendant meant for your loved one to pass away. It means they intended to do the action that ultimately led to your loved one’s passing.
Malicious or criminal actions are classic examples of intentional wrongful actions in wrongful death cases. Maybe your loved one got into an argument with another patron at a bar, and the other patron became so angry they purposely hurt your loved one. Bar fights can be dangerous, especially when dangerous weapons are involved, and the person who hurt your loved one may be held responsible for their death. Similarly, families of murder victims may sue the defendants in civil court for wrongful death.
Proving Negligence in a South Carolina Wrongful Death Claim
The plaintiff (usually through the deceased person’s estate) must prove several things for the defendant to be held liable in a wrongful death action related to negligence:
Duty
The defendant must have owed the victim a duty of “due care.” This means that it is a duty to keep other people safe or to avoid causing harm.
If the plaintiff alleges that the defendant was guilty of malpractice in the treatment of the decedent, the plaintiff could argue that the defendant (the doctor) owed the decedent a duty of due care to practice medicine according to the current standard of care in medical practice.
The judge decides if the defendant owed a duty of care to the plaintiff, and numerous factors contribute to the final decision.
Breach of Duty
If the judge determines that the defendant did owe a duty of care to the decedent, then the plaintiff must prove that the breach of duty actually caused the decedent’s death.
The plaintiff has to convince the jury that their perspective on the facts is over 50% likely to be true.
Causation
The plaintiff must show that the breach of duty caused the decedent’s death. If other factors and other people may have contributed to the decedent’s death, all of that has to be sorted out to determine what ultimately caused the harm.
Damages
The plaintiff must also prove that the decedent suffered damages. Usually, in a wrongful death case, the damages are obvious.
But in a personal injury case, if breach of duty and causation can be proved, there still may not be a winning case if the plaintiff can’t prove the extent or existence of the alleged harm.
Generally, a plaintiff will need a good personal injury lawyer to help them work through their case to be sure they provide the strongest case possible.
A personal injury attorney can generally help the plaintiff recover more damages for medical bills, medical debt, lost wages, etc., than someone could receive without proper legal representation.
Damages Covered in a South Carolina Wrongful Death Case
As we determine what is or is not a wrongful death claim, it’s important to know that there are two kinds of damages in a wrongful death case.
- Damages decedent experiences from the moment they are injured until the time of death. These could include the decedent’s:
- Medical expense
- Emotional and physical pain and suffering
- Lost wages
- Funeral expenses
- Damages the family experiences as a result of their loved one’s death.
- Financial losses the family will suffer as a result of the decedent’s early death from the time of death until the expected time of retirement.
- Some states allow for “loss of consortium” claims for the pain of losing the decedent’s love, guidance, and/or companionship.
Who Can Receive Damages From a Wrongful Death Lawsuit in South Carolina?
Generally, wrongful death damages go to the surviving spouse, dependent children, or parents of a minor child.
Sometimes, courts award punitive damages to surviving family members or heirs as well. These damages are typically awarded in cases where a defendant’s extremely reckless or purposeful wrong behavior led to the decedent’s death.
Punitive damages are meant as a punishment for the defendant in hopes that the person will not take a similar course of action again.
What Should a Family Do if a Loved One Suffers a Wrongful Death in South Carolina?
We wish no family ever had to experience this kind of loss and pain. But families who are dealing with a devastating wrongful death case need as much support as possible.
Whether your loved one was injured on the job or because of another person’s negligence or intentional actions, it’s wise to speak with a trusted Columbia wrongful death attorney.
Some other helpful avenues include making some important calls to the decedent’s insurance providers (e.g., life insurance, car insurance, health insurance) to see if they will cover any costs or damages. You should also contact your local police department if a police report is needed. Suppose your wrongful death claim is related to some act of violence or criminal activity. In that case, the police should absolutely be involved from the very beginning, and you should remain in contact with them so you can get details and evidence.
Let your personal injury lawyer speak with the defendant’s insurance company. Insurance companies are not known for being forthcoming or extremely helpful, as they often want to save money rather than pay compensation. Your lawyer should help you get what you need.
There is much to do after someone in your family dies. There are emotional wounds and grief to process. There are financial hardships. You’ll have many calls to make to tie up all the loose ends.
But be sure to reach out for legal help quickly if you think there is a chance that your loved one’s death was the result of someone’s negligence or intentional wrong actions.
Please don’t try to handle this on your own. You deserve to have someone in your corner looking out for your family’s best interests.
Contact Us Today and Speak to Our South Carolina Wrongful Death Lawyers
At Burriss and Ridgeway, we have personal injury law offices in Columbia, Sumter, and Orangeburg, SC. Ask about a free case review with our South Carolina wrongful death lawyers by calling (803) 451-4000.
