Losing a loved one is even more painful when you lose them due to an accident caused by someone else’s negligent or reckless behavior. When these circumstances exist, it’s considered a wrongful death.
When you lose someone in a wrongful death claim, you may be entitled to compensation. But how much compensation can you get? Determining the amount involves examining the deceased’s personal and professional situation, the extent of the losses, and the circumstances of the accident.
With Trey Harrell Auto Accident and Personal Injury Attorney on your side, your wrongful death suit is in good hands. Our team closely analyzes how much your wrongful death claim might be worth, and will pursue a fair settlement or litigation if need be. Call our Charleston wrongful death attorney at 843-701-8029 to request a consultation.
What Damages Can You Claim in a Wrongful Death Settlement?
When a wrongful death occurs, the deceased’s family members can file for damages including the following:
- Medical expenses: Medical expenses will cover the care needed immediately after the accident as well as treatments provided between when the injury occurred and the time of death.
- Lost financial support: This will cover the loss of financial support due to the family no longer receiving income from the deceased.
- Compensation for services: The deceased may have provided a valuable service for the family. For example, they may have cared for a young child or elderly relative, or they may have mowed the lawn. If the family has to hire someone to shoulder these responsibilities, the fees may be included in damages.
- Emotional pain and suffering: When a family member dies, it causes a great deal of pain for the loved one. It is difficult to find a monetary value for this kind of loss, but your Charleston wrongful death lawyer will come up with a number that is fair. Damages may also include mental health care expenses.
- Funeral and burial expenses: The defendant may be required to cover the family’s funeral and medical expenses.
- Punitive damages: If the defendant’s actions in causing the wrongful death are considered excessively reckless, punitive damages may be awarded. They are put in place to discourage the defendant from engaging in similar behavior in the future.
Is Shared Fault Considered in a Wrongful Death?
Shared fault considers that the victim may be partially responsible for the accident. For example, if the victim was killed because they got cut off by another driver on the road, but they were also found to be speeding, they would take partial responsibility for the accident.
Unlike states that only allow family members to collect damages for a deceased loved one if the victim is 50% or less at fault, South Carolina allows damages to be collected no matter how much fault is determined.
What If the Defendant Has No Insurance?
There are various parties that may be responsible for damages. These include individuals, businesses, organizations and more. In some cases, you may be getting payouts from their insurance.
For example, if the wrongful death was caused by medical malpractice, the provider’s insurance will cover the claim. If a car accident caused the death, the driver’s insurance will cover damages.
Can I File a Survival Action Lawsuit?
A survival action lawsuit can be filed if the victim lived for some time after the accident. It covers their emotional pain and suffering, and medical expenses incurred between the time they were injured and the time they died.
If you are eligible, you may file both a survival action and a wrongful death lawsuit. Filing the two together will help you get more compensation.
A Charleston Wrongful Death Attorney Can Help You Seek Compensation
If you wish to be compensated for a loved one’s death caused by someone else’s negligence, you need a reliable lawyer like Trey Harrell Auto Accident and Personal Injury Attorney. Our Charleston law firm works tirelessly to build your wrongful death case and pursue reasonable compensation.
We take a personalized approach to every case that involves a death. We seek to serve justice on behalf of your loved one.
After a wrongful death, don’t delay, call Trey today.