Damages in Rock Hill Wrongful Death Actions
There are two types of damages in a wrongful death. There are the damages that are recoverable under a survival action and under the wrongful death, so there are two separate actions.
In the survival action, those are the damages that the person who is deceased would have incurred: medical expenses, funeral expenses, and conscious pain and suffering. Those are the survival damages in a Rock Hill wrongful death.
The damages in Rock Hill wrongful death actions are separate from the survival action, are the damages of those beneficiaries of the deceased: spouse, children, and any other dependents. Those are the damages that they have incurred as a result of the death of the individual, the deceased. There are three types of damages including survival damages, the damages that would have survived the deceased, and the wrongful death damages that are owed to the beneficiaries of the decedent.
It is best to speak to a dedicated wrongful death lawyer following the unexpected death of a loved one to understand the differences between the types of damages and your eligibility to recover compensation.
Who Can File For And Recover Damages In Rock Hill Wrongful Death Cases?
The estate of the deceased would file on behalf of any beneficiaries of that deceased. Usually, it is the spouse. If there is no living spouse, then a child can bring the action. If there is no child, then it would either be the brother or sister or mother and father of the deceased who would have the right to bring the action, and it has to be someone appointed by the probate court.
A hearing is required if there are multiple parties seeking to serve as the personal representative of the estate, but the estate essentially is the one that brings the action on behalf of someone injured or someone who is killed because of someone else’s negligence.
What Are The Most Common Types Of Damages Sought In Wrongful Death Actions?
The most common damages sought are medical expenses, funeral expenses, and loss of future earnings. Depending on how long the person was killed, how long they survived, and how long they had conscious pain and suffering, there would also be pain and suffering damages that would commonly be awarded.
It is the loss of financial support, the funeral expenses, and medical expenses associated with the injury that are the most common damages recovered in a wrongful death claim.
Other types of damages include:
- Loss of Love and Affection or Loss of Consortium
- Loss of Society
How A Wrongful Death Attorney Could Help
If your loved one was killed in a fatal accident, reach out to an experienced wrongful death attorney. The lawyer could help evaluate the damages in Rock Hill wrongful death actions. There are resources that attorneys have available to them, such as case metrics or other jury studies with similar fact patterns. The lawyer could evaluate what juries and insurance companies have done with similar cases. Having access to that helps calculate the non-economic damages a little more accurately. Call today to discuss your case.