A Firm Offering Compassionate Legal Advocacy In Wrongful Death Cases
Attorneys at The Law Offices of L. Morgan Martin, P.A., represent injured plaintiffs in personal injury lawsuits throughout the Myrtle Beach area. In some cases, a person’s negligence or intentional conduct causes the death of another human being. In those instances, we help the family of the deceased to recover against the negligent defendant in a wrongful death action.
Who Serves As The Plaintiff In These Lawsuits?
A wrongful death lawsuit may be brought by the executor or administrator of the estate or the person appointed as the estate’s personal representative. The beneficiaries of any recovery are the spouse and children of the deceased. If there are no children or a surviving spouse, then the parents of the deceased are entitled to any settlement or judgment. If the parents are also deceased, then any recovery is distributed to the heirs of the estate in accordance with the terms of a will or the laws of intestate succession.
What Type Of Damages Are Available In Wrongful Death Cases?
Unlike a personal injury lawsuit, the damages which are recoverable in a wrongful death action are those losses suffered by the surviving family members. Economic damages would include funeral and burial expenses, and loss of income that the deceased would have brought into the family. Other damages would be for mental shock and suffering, grief and sorrow, loss of society and loss of companionship.
In cases where the defendant’s conduct was reckless, willful or malicious, exemplary damages may also be awarded. Exemplary damages are usually based on the egregiousness of the conduct and the resources of the defendant and are meant to serve as an example to others about the consequences of engaging in such conduct.
What Is A Survival Action? And How Can It Help?
In cases where an individual was injured in an accident rather than killed, but later died before instituting a lawsuit within the limitations period, the law allows the representative of the estate to pursue a survival action against the negligent party responsible. In this instance, the damages sought are those personal to the deceased, such as medical expenses and the pain and suffering experienced. Any recovery will go to the beneficiaries of the estate. Survival actions and wrongful death actions are often brought together since the parties involved and many of the issues to be litigated are the same.
Contact Us For Experienced Representation In A Wrongful Death Claim
Our firm has achieved settlements in excess of one million dollars in wrongful death lawsuits on behalf of bereaved families. We have decades of experience in civil actions involving all types of accidents and injuries. If you have lost a loved one due to the negligence or wrongful conduct of another, contact us online or call 800-506-0311 or 843-484-0993 for a free consultation regarding your legal rights.