Spartanburg Wrongful Death Lawyer

South Carolina state law defines a wrongful death as a fatality “caused by the wrongful act, neglect or default of another.” A wrongful death action in South Carolina must be brought by the executor or administrator of the deceased person’s estate.

State law also establishes that wrongful death claims are intended to benefit the deceased’s spouse and child or children, or benefit the parent or parents of the deceased if there are no spouse or children, or benefit the heirs of the deceased if there are no spouse, children, or parents.

Was your loved one killed in an accident caused by someone else in Spartanburg? You need to contact a wrongful death attorney before you speak to any insurance company representatives or legal representation from other parties about your case.

Stewart Law Offices in Spartanburg helps families who have lost a loved one pursue compensation in wrongful death claims. Call us or complete an online contact form to have our Spartanburg lawyers provide an honest and thorough evaluation of your situation during a free consultation.

Types of Wrongful Death Accidents in Spartanburg

Some of the most common causes of wrongful death claims in Spartanburg include:

Keep in mind that not all people are instantly killed in these types of accidents. Some victims die weeks, months, or even years after accidents. The negligent parties may still be held liable for those fatal injuries in a wrongful death claim.

Compensation in Spartanburg Wrongful Death Claims

Through a Spartanburg wrongful death lawsuit and survival action, the deceased’s family members can seek compensation for various losses they and the deceased suffered before and after the death. A wrongful death lawsuit seeks compensation for the losses suffered by the surviving family, while a survival action is a personal injury lawsuit that survives the deceased and seeks compensation for their losses. Our compassionate advocates can help if someone else’s negligence caused your loved one’s death. We work tirelessly to hold the negligent parties responsible and protect your rights.

Some of the damages you may be able to seek from a wrongful death claim may include:

Medical Bills and Other Expenses Incurred Before Death

Through the combination of a wrongful death lawsuit and survival action, family members can seek compensation for the medical bills incurred by their loved one before their death and the other expenses they have absorbed due to the loss of their loved one.

Medical expenses you can seek compensation for include surgeries, hospital stays, medical treatments, medical devices, prescription medications, and physical therapy your loved one received to treat the injuries they suffered from the incident that caused their death.

Family members can also seek compensation for other expenses related to the death of their loved one through their wrongful death lawsuit. For example, if you had to hire someone for childcare or to perform jobs around the house that your loved one typically would have performed, you may be able to seek compensation for those expenses.

It’s crucial that you keep all bills related to your loved one’s treatment and services you require after their passing so your lawyer can accurately calculate your losses.

Physical Pain Suffered by the Victim Before Their Death

You can seek compensation for your loved one’s physical pain and the emotional suffering they endured through a survival action. Survival actions allow you to seek the same types of compensation that your loved one would have been able to recover had they survived their injuries.

Physical pain and emotional suffering are subjective, making it challenging to place a value on them. However, there are two common methods of calculating this compensation:

• Multiplier Method: With this method, your loved one’s economic losses (the total value of their tangible losses) are multiplied by a number between one and five based on their pain and suffering levels.
• Per Diem Method: With this method, a dollar value is assigned to each day your loved one suffered from their injuries before their death. This amount is multiplied by the number of days they suffered. The total value is the amount of money you could receive for their pain and suffering.

These calculation methods are used by lawyers and insurance companies. If your case goes to trial, the court is free to award whatever amount seems fair to the judge or jury.

Funeral and Burial Expenses

Through a wrongful death lawsuit, you and your family can seek compensation from the responsible party to cover the cost of your loved one’s funeral expenses and burial costs. Funerals and burials can cost thousands of dollars that your family may not be able to afford without this compensation from your lawsuit.

Lost Wages and Benefits

Spouses and dependent family members, such as children or disabled adults, can seek compensation for the loss of their loved one’s financial support. This includes the loss of their wages, other lost income, and any benefits they received through their employment, including health insurance and retirement account contributions.

Compensation for these lost wages and benefits can be essential for families, especially those in which the deceased was the primary breadwinner.

Loss of Care, Compassion, and Protection

Depending on the circumstances surrounding your loved one’s death, you may be able to seek compensation for the loss of care, compassion, protection, and emotional support as part of your wrongful death claim. This compensation is typically for spouses and children of the deceased, but may also apply to other family members, particularly if they had a close relationship with the deceased.

Spouses, in particular, can also seek compensation for loss of consortium. This refers to the loss of their marital relationship, which includes care, compassion, and protection, as well as the loss of their romantic and sexual relationship with the deceased.

Loss of Experience, Knowledge, and Judgment

Loss of experience, knowledge, and judgment is similar to loss of care, compassion, and protection, but it specifically applies to the deceased’s children or other dependent heirs. While care, compassion, and protection refer to the emotional support your loved one provided, experience, knowledge, and judgment refer to their impact on raising children.

When a parent of a minor child dies, that child can never replace the experience and knowledge their parent had and may have been able to pass on to them. And the judgment they lost refers to their parent’s discipline, which is an essential factor in shaping children as they grow up.

Loss of Inheritance

The heirs of the deceased can seek compensation for their loss of inheritance through a wrongful death lawsuit. Loss of inheritance may apply when the deceased’s untimely death reduces the inheritance value for their heirs. For example, it may have been expected that their inheritance would increase further over the years or decades had the deceased survived and continued to generate income.

Punitive Damages

Some cases could also involve awards for punitive damages. State law in South Carolina provides that punitive damages can be awarded only when a person is killed by a defendant’s willful, reckless, or wanton conduct. Punitive damages cannot exceed three times the amount of compensatory damages or $500,000, whichever is greater.

Who Can Claim Compensation in Spartanburg Wrongful Death Cases?

Under South Carolina law, the only person who can file a wrongful death lawsuit is the executor or administrator of the deceased’s estate. However, this individual brings the lawsuit on behalf of the deceased’s surviving family members, including their spouse and children. If the deceased has no surviving spouse and children, the estate’s executor or administrator can bring the lawsuit on behalf of the deceased’s parents. And if they have no surviving parents, it can be brought on behalf of any other heirs.

The apportionment of damages each family member receives through a wrongful death lawsuit is based on the state’s intestate succession rules. For example, if the deceased has a surviving spouse and two children, under these rules, the spouse would receive 50 percent of the compensation, and each child would receive 25 percent. The same rules apply to compensation secured through a survival action.

An experienced lawyer from our law firm can review your situation and determine your legal options.

South Carolina Wrongful Death Statute of Limitations

South Carolina state law allows a claimant three years to file a wrongful death claim. The statute of limitations begins on the date a person dies. That date could be different from the date of their accident.

When a wrongful death involves medical malpractice, then the statute of limitation begins on the date an injury is discovered or “reasonably ought to have been discovered.” State law prohibits any action based on medical malpractice that is brought more than six years after an injury occurred.

Wrongful Death Statistics

There were 146,571 unintentional injury deaths in the United States in one recent year, according to the Centers for Disease Control and Prevention (CDC). Unintentional falls caused 33,381 of those unintentional injury deaths, 37,757 were motor vehicle traffic deaths, and 47,478 involved unintentional poisoning. Unintentional injuries resulted in 30.8 million emergency department visits, according to the CDC. The South Carolina Traffic Collision Fact Book reported that one traffic collision occurs in South Carolina every 3.7 minutes and one fatal crash happens every 9.3 hours on average. The Fact Book also stated:

• A child under 6 years of age is killed every 8 days.
• A pedestrian is killed every 2.5 days.
• A motorcyclist is killed every 2.5 days.
• A bicyclist is killed every 15.3 days.
• A teen driver is involved in a fatal or injury collision every 1.3 hours.
• A person is killed in a drunk driving crash involving a blood or breath alcohol concentration (BAC) of 0.08 or higher every 26.5 hours.
• A person is killed every 8.6 hours.

The Bureau of Labor Statistics (BLS) reported 117 fatal occupational injuries in South Carolina in one recent year. According to BLS:

• 3 were the result of fires and explosions
• 10 were the result of exposure to harmful substances or environments
• 17 were the result of contact with objects and equipment
• 16 were the result of falls, slips, or trips
• 17 were the result of violence and other injuries by persons or animals
• 54 were the result of transportation incidents.

According to BLS, 103 victims were men, and 14 were women, while 30 fatalities were self-employed and 87 were wage and salary employees.

WPDE-TV reported that South Carolina is 20th in the nation in DUI arrests, but third in drunk driving deaths. The rate of 7.6 drunk driving deaths per 100,000 people in South Carolina was only lower than Montana’s rate of 9.0 and North Dakota’s 10.3.

How Do You Prove A Wrongful Death Claim In South Carolina?

Many wrongful death cases are resolved through settlements, which are usually intended to cover the expenses a family has incurred or will incur because of a loved one’s death. If an insurance company for the negligent party does not make a satisfactory offer, a lawsuit could be filed. A wrongful death lawsuit will usually aim to prove that a negligent party was at fault for a person’s death.

Four elements are needed to prove negligence was involved:

• Duty of Care — The defendant had a duty to the victim to conduct themselves in a safe and reasonable manner.
• Breach of Duty — The defendant breached that duty of care by not conducting themselves in a safe and reasonable manner.
• Causation — The defendant’s breach of duty of care caused the plaintiff’s injuries.
• Damages — The defendant’s actions resulted in damages.

Most people accused of negligent behavior will deny responsibility, and their insurance companies may even argue that a victim was at fault for their own death. The deceased are unable to defend themselves against these types of accusations, but Stewart Law Offices will fight on behalf of your loved one and work to hold the negligent party accountable.

Steps to Take Immediately After the Loss of a Loved One

When a family is preparing to file a wrongful death claim, they will typically need to compile the vital records of the deceased and appoint an executor or administrator of the deceased person’s estate. As soon as possible, the family should seek the help of an experienced personal injury lawyer.

Families should seek legal representation before discussing their cases with any insurance company. Some insurers will aggressively push for victims to accept lump sum settlements, but you should know that these offers are invariably nowhere near what families actually deserve. A skilled personal injury attorney will fight to make sure you get justice.

How Our Law Firm Can Help with a Spartanburg Wrongful Death Lawsuit

If your loved one was killed in an accident caused by someone else, do not wait to get help from a Spartanburg wrongful death lawyer. Stewart Law Offices will diligently work to seek justice for your loved one and fight for compensation for your family’s losses.

Our firm understands that court filings and appearances are not what people who have recently lost loved ones want to focus on. That is why we take care of all the legal requirements so you can take the time you need to grieve and put your life back together.

You can have our lawyers review your case and answer all of your legal questions as soon as you call us or contact us online to receive a free consultation.