When you lose a family member unexpectedly, it often leads to both emotional anguish and financial hardships. If you believe your loved one’s death occurred because of someone else’s careless or reckless actions, you may be eligible to take legal action to try to hold the negligent party accountable.
If your spouse or child died in a Greenville negligence accident, you may have a viable claim for compensation. George Sink, P.A. Injury Lawyers offer free case evaluations and consultations. A wrongful death lawyer in Greenville, SC, can explain your options for compensation and advise you if you have a viable case.
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Damages Available in a Greenville, SC, Wrongful Death Action
The damages available through a winning wrongful death settlement generally cover financial losses of the family and emotional damages. This may include:
- Medical bills
- Lost wages, until the date of their death
- Lost future income and benefits
- Accident-related property damages
- Out-of-pocket expenses
- Loss of household support, such as the cost of childcare or yard work
- Loss of companionship
- Loss of guidance and support
- Pain and suffering
- Mental anguish
Funeral and Burial Costs
Funeral and burial costs may be available through a Greenville wrongful death action. However, they are also available through a survivorship action if we pursue this type of case. It is important to note you can only collect these damages through one legal action or the other, not both.
In some cases, we may be able to recover punitive damages in a Greenville, SC, wrongful death action. The judge will consider awarding this type of damage if the party that caused your loved one’s death acted in an intentional or particularly reckless way. Punitive damages are over and above any compensatory damages and punish the negligent party for their bad behavior.
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Eligible Family Members in a Greenville, SC, Wrongful Death Action
There are only two parties allowed to pursue a wrongful death action under the rules outlined in the South Carolina Wrongful Death Act. This includes:
- The executor of the deceased’s will
- The administrator of the estate of the deceased
We can help an executor or administrator file this type of action, or we can represent a family member and work in conjunction with the executor or administrator. However, the law (§15-51-20) also strictly limits who can file a wrongful death claim in South Carolina. This includes:
- The spouse of the deceased
- The children of the deceased
- The parents of the deceased
In rare cases, other close family members — usually siblings or grandparents — can recover expenses and losses related to their loved one’s untimely death. This is only possible if there is no surviving spouse, parents, or children.
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You May Recover Additional Compensation From a Greenville Survival Action
A wrongful death action allows you to try to recover compensation based on your own damages. These include your personal expenses and your emotional suffering. A survival action, on the other hand, seeks to recover the damages your loved one suffered following their accident. This may include:
- Any conscious physical pain and suffering
- Any conscious mental anguish or emotional distress
- Other emotional damages
In addition, there may be economic expenses and losses you can recover with a survival action. However, if you filed a wrongful death action they may instead be a part of that claim. For example, if you paid your loved one’s medical bills and recovered that compensation through a wrongful death action, it will not be available in a survival action.
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Our Greenville, SC, Wrongful Death Lawyers Can Handle Your Case
Let our wrongful death lawyers in Greenville handle your wrongful death action, and we can take care of it while you focus on spending time with your family. We will take legal action to try to hold the at-fault party accountable and pursue the compensation you need and deserve. We will investigate your loved one’s death and build a strong case before we file an insurance claim or pursue a wrongful death lawsuit.
We settle most of these cases without needing to go to court. We can often negotiate a settlement with the insurance company representing the liable party, and receive a fair payout for our clients. If this is not possible or not the best option for our clients, we will file a wrongful death lawsuit.
Statute of Limitations on South Carolina Wrongful Death Claims
In some cases, the only way we can try to recover a full range of damages for our clients is to pursue litigation.
Like other states, South Carolina puts a deadline on how long we have to file a lawsuit against the liable party in this type of case. When it comes to wrongful death actions, South Carolina state law (§15-3-530) gives us three years to take action. The clock started running on the date your loved one passed away.
If we do not file a lawsuit in your case before this deadline passes, the court will likely bar us from taking any legal action in the matter. For this reason, we encourage you to call us right away if you believe you may have a valid wrongful death claim.
Talk to a Wrongful Death Lawyer in Greenville, SC
The wrongful death lawyers at George Sink, P.A. Injury Lawyers offer complimentary case evaluations to families who lost a loved one in a Greenville negligence accident. You may have legal options to collect compensation to cover your family member’s final expenses and your own emotional damages related to their death.
Call our Greenville office today for a free consultation. We may be able to help you file a claim and ease your financial burden.
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