What Compensation Can Be Recovered in a Wrongful Death Lawsuit?
A wrongful death lawsuit allows surviving family members to seek compensation when a loved one dies due to someone else’s negligence, recklessness, or intentional actions. The damages recovered in these lawsuits typically cover financial losses, emotional suffering, and punitive damages if applicable.
Important to note is that a Wrongful Death claim is separate from a “Survival Action” claim though both are claims arising from the same accident causing death. A Survival action is brought by a Personal Representative (PR) to an Estate on behalf of the person who died. This is for damages like pain and suffering the person suffered prior to his death due to accident which caused the death. For example, a drunk driver hits someone causing mortal injuries which result in death. The PR can bring both a Survival Action for the damages to the decedent before he died, and a wrongful death claim for immediate family members for their damages.
In Charleston, South Carolina, wrongful death claims can include medical expenses, lost income, pain and suffering, funeral costs, and loss of companionship. These claims are filed on behalf of the deceased’s estate and surviving family members, ensuring financial stability and justice for the loss.
1. What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a legal action brought by the surviving family members or the personal representative of the deceased’s estate. The lawsuit seeks compensation for the financial and emotional losses resulting from a preventable death caused by another party’s negligence or misconduct.
Who Can File a Wrongful Death Lawsuit in South Carolina?
In South Carolina, only the personal representative of the deceased’s estate can file a wrongful death claim. However, the compensation recovered is distributed to the deceased’s surviving family members, including:
- Spouse and children
- Parents (if no spouse or children exist)
- Heirs of the estate (if no immediate family members exist)
These lawsuits aim to hold negligent parties accountable while providing financial relief to the victim’s loved ones.
Common Causes of Wrongful Death in Charleston, SC
Wrongful death cases arise from various types of negligence and misconduct, including:
- Car accidents caused by reckless or drunk driving
- Medical malpractice, including surgical errors and misdiagnoses
- Workplace accidents, particularly in construction and industrial settings
- Defective products, including dangerous pharmaceuticals and faulty machinery
- Nursing home abuse or neglect, leading to fatal injuries or illnesses
- Criminal acts, such as homicide or assault
Regardless of the cause, wrongful death claims help surviving families seek justice and financial security in the aftermath of a tragic loss.
2. What Damages Can Be Recovered in a Charleston, SC Wrongful Death Claim?
Economic Damages: Financial Compensation for Tangible Losses
Economic damages are measurable financial losses directly resulting from the wrongful death. These include:
- Medical Expenses
- Any medical bills incurred due to the accident or injury leading to death
- Emergency room treatment, surgeries, hospital stays, and medication costs
- Hospice or end-of-life care
- Funeral and Burial Costs
- Expenses for funeral services, cremation, or burial
- Costs for transportation and preparation of the body
- Memorial service expenses
- Lost Income and Financial Support
- The deceased’s lost wages from the time of injury until death
- Future earnings the deceased would have contributed to the household
- Loss of benefits, such as health insurance, retirement contributions, and pensions
These damages ensure surviving family members are not left financially burdened by a loved one’s unexpected passing.
Non-Economic Damages: Compensation for Emotional and Psychological Losses
Unlike economic damages, non-economic damages cover intangible losses that impact the family’s emotional well-being. These may include:
- Pain and Suffering
- Emotional distress suffered by surviving family members
- Psychological trauma caused by the sudden loss of a loved one
- Loss of Companionship and Consortium
- The emotional and relational loss experienced by a spouse
- The impact on a child growing up without a parent’s guidance
- Loss of love, affection, and emotional support
- Loss of Parental Guidance
For children who lose a parent, a wrongful death settlement may include damages for:
- Loss of parental care, guidance, and upbringing
- Emotional suffering due to losing a nurturing figure
These damages acknowledge the deep personal impact of losing a loved one and help surviving family members cope with their emotional and psychological suffering.
Punitive Damages: Holding Negligent Parties Accountable
In some wrongful death cases in Charleston, SC, punitive damages may be awarded. Unlike economic and non-economic damages, which compensate for losses, punitive damages are designed to punish egregious misconduct and deter similar behavior.
Punitive damages may be awarded if the defendant’s actions were:
- Intentional, such as in cases of homicide
- Grossly negligent, such as a DUI driver causing a fatal crash
- Reckless disregard for human life, such as medical professionals ignoring life-threatening symptoms
South Carolina law limits punitive damages in some cases, but if intentional misconduct or extreme recklessness is proven, the financial award can be substantial.
3. How Are Wrongful Death Settlements Calculated?
The value of a wrongful death claim depends on multiple factors, including:
- The deceased’s age and life expectancy at the time of death
- The deceased’s earning potential and expected career growth
- The circumstances of the accident, including the severity of negligence
- The impact on surviving family members, including financial and emotional loss
A Charleston wrongful death attorney can help assess these factors and negotiate a settlement that reflects the full value of the loss.
4. How Long Do You Have to File a Wrongful Death Lawsuit in Charleston, SC?
Under South Carolina law, wrongful death claims must be filed within three years from the date of death. This deadline, known as the statute of limitations, is strict—if a claim is not filed within this period, the family loses the right to seek compensation. Because gathering evidence, calculating damages, and negotiating with insurers take time, it’s crucial to consult an attorney as soon as possible.
5. Frequently Asked Questions (FAQs)
- Who receives the settlement in a wrongful death case?
In South Carolina, wrongful death settlements go to spouses, children, parents, or heirs based on state law.
- Can a wrongful death lawsuit be filed for medical malpractice?
Yes, if a doctor, hospital, or healthcare provider’s negligence caused the death, a wrongful death claim can be pursued.
- Are wrongful death settlements taxable?
In most cases, wrongful death settlements are not taxable under federal law. However, punitive damages may be subject to taxes.
- What if the deceased was partially at fault for the accident?
South Carolina follows a comparative negligence rule, meaning if the deceased was less than 51% responsible, the family can still recover compensation.
Final Thoughts: Seeking Justice for Your Loved One in Charleston, SC
Losing a loved one due to someone else’s negligence is devastating, and no amount of money can replace them. However, a wrongful death lawsuit can provide financial stability and hold the responsible party accountable.
At The Bill Connor Law Firm, we recognize the profound grief and challenges that come with losing a loved one due to someone else’;s negligence. As a Christian attorney and an AV® Preeminent™ Peer Review Rated lawyer, Bill Connor approaches each case with compassion, dedication, and unwavering commitment. With extensive legal experience, he provides strategic representation to help families in Charleston, South Carolina, seek the justice and compensation they deserve.
If you have lost a loved one in a car accident, medical malpractice, workplace incident, or another tragic event, contact The Bill Connor Law Firm today for a consultation. We are committed to helping families seek the compensation they deserve.
Call now to schedule your consultation!
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Contact a licensed attorney for case-specific guidance.
