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It is never easy to lose a loved one. When you know a death could have been prevented, however, it can be even more difficult to accept. You may be wondering why it was allowed to happen, or who is at fault.
A Lancaster wrongful death lawyer may be able to help you find answers and determine whether your family could be entitled to compensation to help meet future needs. A compassionate personal injury lawyer familiar with wrongful death claims could review your options and work with you to help your family move forward.
Wrongful Death Laws
When the negligent, reckless, or deliberate behavior of another person causes someone to die, S.C. Code § 15-51-10 provides remedies for family members who will suffer due to the loss. A wrongful death lawyer in Lancaster could explain the opportunities available to families and how the statutes apply to a particular situation.
These laws allow family members to seek damages in situations where the deceased person would have been able to seek recovery on their own if the incident had not resulted in death. In effect, the survivors stand in the decedent’s place for the purposes of recovery.
What is the Deadline to File a Claim?
A wrongful death suit is a type of personal injury claim, and state law limits the amount of time injured individuals have to file their lawsuits to recover damages. Claims must be filed within three years of the death under S.C. Code §15-3-530. A wrongful death lawyer in Lancaster could work to meet this and other crucial deadlines.
Which Family Members May Recover Damages in a Wrongful Death Lawsuit?
Under S.C. Code § 15-51-20, the primary beneficiaries of a wrongful death lawsuit are the spouse and any children of the deceased person. If there is no surviving spouse or child, then the parents of the deceased person may recover damages through a wrongful death lawsuit. Finally, if neither spouse, parents, nor children remain, then the other heirs of the deceased may recover.
Regardless of which party will receive the damage award, the lawsuit must be filed by or in the name of the executor or administrator of the estate. A Lancaster wrongful death attorney could assist in filing the claim in fulfillment of these statutory requirements.
Recoverable Damages
In wrongful death claims, family members may receive compensation for the financial and emotional losses they suffered, both in the present and the future. An award of damages may include compensation for:
- Pain and suffering
- Medical bills
- Funeral expenses
- Loss of support
- Lost wages and benefits
- Emotional distress
While some damages, such as lost future wages, may be simple to calculate, others are not as straightforward. An Lancaster wrongful death lawyer could use their experience to calculate and pursue fair compensation on behalf of a family.
Consult a Lancaster Wrongful Death Attorney
The loss of a beloved family member creates a hole that no amount of financial compensation can fill. However, recovery through a wrongful death lawsuit could help reduce the financial impact of the loss so the family can focus on healing and moving forward.
If someone in your family suffered an untimely death you believe may have been caused by the negligence or deliberate wrongdoing of another, consider consulting a Lancaster wrongful death lawyer to learn your options. An attorney could help investigate the cause of the death to provide answers and support for your family.