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L. Morgan Martin, p.A.
Serving Myrtle Beach, Conway, and all South Carolina
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How is a wrongful death determined?

When a person passes away in a tragic car accident such as a vehicle collision or boating incident, it’s important that the cause of death be established. This is important for several reasons: it helps loved ones to understand exactly what happened so that they can get closure, it can potentially help to prevent similar accidents from occurring in the future, and it can give clues to who was responsible for the accident.

Wrongful death is a term for a civil action that can be filed against a person when it is believed that their negligence or misconduct led to the death of another. If you lost a loved one in a tragic accident and you believe that another person was to blame, the following is an overview of how wrongful death is determined.

The elements of a wrongful death lawsuit

If order to show that a person was liable for the death of another person, it first must be shown that the death of a human being occurred, Secondly, it should be shown that another person’s negligence or intent to cause harm directly caused their death.

For damages to be claimed, there must be surviving family members who have financial damages as a result of the death. A personal representative must also be appointed for the decedent’s estate.

If you have lost a loved one and you believe that another person’s wrongful or negligent actions were to blame, it is important that you take action to look into your legal options for filing a wrongful death lawsuit. Doing so could help you gain closure and monetary compensation.

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