Losing a loved one due to any sort of accident or negligence can be devastating. It may feel like there is very little that can be done to ease one's grief or lighten the load. However, depending on the cause of death, those residing in South Carolina may be entitled seek compensation for any resulting damages they have experienced through filing a wrongful death claim, which may grant some relief if successfully litigated.
When a life is unexpectedly taken due to another person's actions, it is understandable that surviving family members will want to know what legal options -- if any -- are available to them. Every situation is different, so there is no one fits-all answer. When one is killed in a car accident, the resulting legal claims may be handled quite differently than, say, claims of wrongful death via medical negligence.
At the end of the day, surviving family members may file wrongful death claims in an effort to seek compensation for their personal losses following the death of a loved one. It may also be possible to seek compensation for any damages the decedent may have sustained as well. A representative of the decedent's estate will have to be the one to bring forth the appropriate claims.
Every state has different ideas as to what is considered a recoverable loss following the wrongful death of a loved one. In South Carolina, those losses that are deemed recoverable typically include medical expenses, funeral costs, loss of consortium and lost wages and/or benefits. Families may also be also to seek compensation for any pain and suffering endured by the victim before his or her death -- among other things. Of course, proof of any damages will have to be established in order for any wrongful death case to be successful.
Source: FindLaw, "Wrongful Death FAQ", Sept. 7, 2016