Has your Spouse or family member Wrongfully Died as a Result of Another’s Negligence?
The sudden death of a loved one can be a devastating and life-changing experience. The most common causes of wrongful death result from a personal injury related to automobile accidents, trucking accidents, motorcycle accidents, boating accidents, defective products and design and airplane accidents. Aside from the emotional pain of your family members’ wrongful death, there are also very practical concerns. Questions often arise as to how the remaining family members will financially survive.
Under the law in South Carolina, beneficiaries may make a claim for loss of support or earnings, mental suffering and shock, loss of companionship, the pain your loved one experienced prior to their death, (which is referred to as a survival action) medical expenses and reasonable funeral expenses.
Our compassionate attorneys at Beach Injury Lawyers in Myrtle Beach are experienced in wrongful death law and offer a free consultation and free case evaluation.
Any unanticipated beloved one’s passing could have a devastating effect on any family. Survivors’ family members frequently struggle financially and have a very challenging time moving ahead – particularly when the deceased was the family’s primary source of money. Due to the serious nature of the situation, it is crucial that you work with legal professionals who are familiar with the numerous nuances, difficulties, and problems that come with litigating a wrongful death lawsuit. You should also choose a firm that has the financial wherewithal to proceed with a trial if a reasonable compensation or settlement deal is never made.
Our attorneys are willing to assist you if a loved one died as a result of a hospital, doctor, or other healthcare provider’s misconduct or medical negligence.
Who Can Pursue A Wrongful Death Lawsuit?
The legal representatives of the deceased’s family/estate may file a claim and seek compensation against the individual or company at fault when another party’s unjustifiable act, carelessness, or breach of agreement results in the demise of an individual. The deceased’s spouse, offspring, parents, including, if they were reliant on the deceased for assistance or resources, blood relatives and adoptive sisters and brothers, as well as children born out of wedlock, may all be considered survivors, depending on the negligence or misconduct that resulted in the wrongful death.
FAQs About Wrongful Death
1) What are some frequent wrongful death causes?
A Wrongful Death is a death that is caused by t wrongful or negligent act of another. Many different factors can lead to wrongful deaths. Among the more frequent reasons for wrongful death lawsuits are:
- Instances of medical malpractice
- Birth-related harm
- Potential dangers or vulnerabilities at work
- Motorbike accidents
- Trucking accidents
- Automobile incidents
- Property incidents
- Risky highway construction
- Accidents caused by faulty products
- Abuse in nursing homes
- Unlawful behavior
2) What must I present to file a wrongful death complaint?
If you want to file a victorious wrongful death lawsuit, you must be able to demonstrate the following:
- A loved one of yours has died unexpectedly;
- Their death was brought on by a person or the negligence of another, wrongdoing, default, or violation of a promise made in an agreement;
- The cause of death muse be the type that if the tragedy had not transpired, the deceased would have been granted the right to continue a claim and receive compensation for their damages and injuries. The deceased could have legally filed a personal injury claim against the at-fault party but for his or her death.
Normally, to win a wrongful death lawsuit if your case cannot be settled, you will need to demonstrate each of these three requirements. Therefore, after the passing of a loved one, you ought to think about speaking with a wrongful death attorney as soon as you can. We can manage these intricate wrongful death lawsuits, manage anything and everything correctly, and proceed to compile the proof necessary to show these factors.
3) How can I prove that someone else was accountable for the death of a loved one?
You must demonstrate that the deceased person’s death was caused by the negligent or intentional actions taken by another individual to file a wrongful death lawsuit. To establish negligence, you would have to show:
- The defendant had an obligation of care to the deceased;
- The defendant violated this obligation;
- The victim’s death was brought on directly and specifically by this breach; • The death contributed to measurable losses due to medical charges, burial expenses, funeral fees, and even lost wages.
You would be required to offer solid, pertinent, and persuading facts to substantiate each one of these factors. That is why having a wrongful death attorney on your side can be so important for your case.
4) What distinguishes a murder from a wrongful death complaint?
In the United States, cases fall into two major groups. These are civil lawsuits and criminal indictments. Wrongful death lawsuits are legal actions initiated by the victim’s family or survivors against the person or entity who caused the deceased’s demise. In most cases, these suits do not result in imprisonment. If the defendant is proven responsible, they will indeed be ordered to provide restitution to the deceased family members. In contrast, when someone is found to have committed murder, criminal proceedings are initiated by government prosecutors on behalf of both the state and the victims, and a prison term may be imposed.
Furthermore, the threshold of evidence in a criminal prosecution is significantly higher than it is in a civil lawsuit. In most civil proceedings, the party making the claim must establish that it was more likely than not that the defendant committed some form of negligence. In contrast, the prosecution in a criminal case must establish the defendant’s guilt beyond any reasonable doubt.
5) What actions should I take following the wrongful death of a loved one?
The wrongful death of a loved one is a traumatic event. However, when this tragedy happens as a result of someone else’s wrongdoing, the circumstances can spiral out of control. You don’t have to endure this terrible situation alone, though. Our wrongful death attorneys can:
- Analyze your situation in depth, seek clarification on any issues you have, and decide which legal solutions are available.
- Conduct a thorough investigation into the wrongful death accident, gather the crucial evidence required to demonstrate liability and the extent of the losses, and put together a solid claim on your behalf.
- Engage the services of professionals who can support your claims, such as accident reconstructionists, engineers, economists, and physicians.
- Before the deadline, file important motions and legal papers.
- Take care of all the correspondence and talks with the insurance provider, making sure we pursue just compensation on your behalf.
- Fight for the highest remuneration by taking your case to trial, if required.attorney