When a loved one dies in an accident, the sense of loss his or her family feels is immeasurable. On top of the loss of a beloved family member, the funeral costs, loss of wages if he or she made financial contributions to the household, hospital and medical costs, and pain and suffering experienced by the family members can add up quickly and potentially bankrupt a grieving family. In cases where the individual’s death was caused by another person’s recklessness or negligence, the responsible party may be required to cover all or some of the family’s expenses related to the death.
Entitlement to Monetary Compensation
The costs incurred by a wrongful death can rise exponentially, potentially causing financial insecurity or even bankruptcy for a family. Some potential issues faced by survivors are:
- The loss of the deceased’s wages;
- Funeral costs;
- Medical bills; and
- Pain and suffering. This refers to all the intangible hardships suffered by a family following a loss, such as depression experienced by family members and the loss of the deceased’s companionship and household duties.
South Carolina courts use comparative fault to determine the percentage of responsibility for an accident each party involved in a lawsuit holds. Most states use this model, rather than the system of pure contributory negligence.
According to the system of comparative fault, in wrongful death and other personal injury cases, if it can be determined that the plaintiff was at least somewhat responsible for his or her injury, the court may only allow the plaintiff to collect a percentage of the total compensation he or she could potentially have been entitled to. For example, if it is deemed the victim was at least twenty percent responsible for his or her death, his or her family might only be able to receive eighty percent of the possible compensation package.
The Statute of Limitations for a Wrongful Death
In South Carolina, surviving relatives have three years following a loved one’s death to file a wrongful death claim. SC 15-51-10 states a family’s right to sue for monetary compensation in the event of a wrongful death.
If your family has experienced a wrongful death, be proactive and contact an experienced personal injury attorney as soon as you can. It is crucial to file your claim within the statute of limitations in wrongful death and other types of personal injury cases. Once the statute of limitations has ended, you no longer have grounds to file a lawsuit.
Do not accept a settlement from the negligent party without first discussing your case with an attorney. You might be entitled to far more money than you were initially offered.
Wrongful Death Attorneys Can Help
The McGrath Law Firm‘s team of personal injury attorneys will handle your case with the compassion and dedication it deserves. If your loved one died as a result of an injury sustained because of another person’s negligence, you could be entitled to monetary compensation. Call our firm at 843-606-2755 to discuss your case with one of our attorneys. You’ll be given advice for your wrongful death lawsuit and guidance toward the best solution for your case. Attorney Peter Mcgrath is available to help.