What Should I Do If My Loved One’s Death Was Caused by Negligence?

Funeral Casket and flowers next to hearse

Introduction: What Is a Wrongful Death Case?

When a loved one dies due to negligence or intentional harm, the emotional toll is overwhelming, but the financial and legal repercussions can compound the grief. In such cases, family members may have the right to file a wrongful death claim to seek compensation. Wrongful death lawsuits aim to hold the responsible parties accountable and provide financial support for those left behind. A wrongful death case is for loved ones (usually immediate family, and by SC statute immediate family) to seek damages from the liable party due to the death. 

This is different from a “Survival Action” in which the estate of the decedent (dead) sues for the damages the decedent incurred before death, like pain and suffering. In most survival action cases, the same loved ones who bring a wrongful death claim will also receive the proceeds of the survival action through the estate. The personal representative of the estate brings the survival action, and the same personal representative (if immediate family) will also bring the wrongful death claim.

This article delves into the causes, legal elements, types of compensation, and steps involved in pursuing a wrongful death case. Whether it’s a tragic car accident, medical malpractice, or workplace negligence, understanding your legal rights can empower families to seek justice.

Common Causes of Wrongful Death Cases

Wrongful death can arise from a wide range of incidents. Common causes include:

  1. Motor Vehicle Accidents

Fatal car, truck, motorcycle, and pedestrian accidents caused by reckless or impaired driving are among the leading causes of wrongful death claims.

  1. Medical Malpractice

Cases involving surgical errors, misdiagnoses, or medication mistakes that lead to death often fall under wrongful death.

  1. Workplace Accidents

Construction site accidents, industrial mishaps, or exposure to hazardous substances are common scenarios where employers or third parties may be held liable.

  1. Product Liability

Defective or unsafe products, ranging from faulty machinery to dangerous drugs, can result in fatal injuries.

  1. Criminal Acts

Intentional harm, such as assault or homicide, can also lead to wrongful death claims in addition to criminal charges.

  1. Premises Liability

Fatal injuries caused by unsafe property conditions, such as falls or lack of security, often form the basis of wrongful death lawsuits.

woman with lily flowers and coffin at funeral

Who Can File a Wrongful Death Claim?

Wrongful death claims are governed by state laws, and the individuals eligible to file a lawsuit vary by jurisdiction. Generally, the following parties may pursue compensation:

  1. Immediate Family Members

Spouses, children, and parents of the deceased are the most common plaintiffs. In South Carolina by statute, surviving spouse and children split the proceeds and bring the claim.

  1. Extended Family Members

In some states, siblings, grandparents, or other relatives who were financially dependent on the deceased may be eligible. This could be the case in SC if no immediate family.

  1. Estate Representatives

A personal representative (PR) of the decedent’s estate can bring a wrongful death claim on behalf of beneficiaries in survival action and is usually immediate family member who can bring both a wrongful death and survival action as PR. 

Understanding your state’s specific laws is essential to ensure the claim is filed correctly and within the statute of limitations (three years in South Carolina if private party defendant and two years for government entity).

Key Elements of a Wrongful Death Case

To succeed in a wrongful death claim, the plaintiff must prove several critical elements:

  1. Negligence or Intentional Harm

It must be shown that the defendant’s actions or inactions directly caused the death.

  1. Breach of Duty

The plaintiff must demonstrate that the defendant owed a duty of care to the deceased and failed to fulfill it. For example, a driver owes a duty to follow traffic laws, and a doctor owes a duty to provide competent medical care.

  1. Proximate Causation

Evidence must establish that the breach of duty directly led to the death and the damages were reasonably expected to result as damages from the breach.

  1. Damages

The claim must quantify losses to loved ones resulting from the death, such as funeral expenses, loss of financial support from the decedent, etc.

A skilled attorney can help gather the necessary evidence and build a compelling case to meet these legal requirements.

Types of Compensation in Wrongful Death Cases

The damages recoverable in a wrongful death lawsuit vary based on the circumstances but generally include:

  • Economic Damages
  • Medical Expenses: Costs incurred before the victim’s death.
Gavel on wooden table
  • Funeral and Burial Costs: Expenses for laying the deceased to rest.
  • Lost Income: Compensation for the financial support the deceased would have provided.
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Steps to Take in a Wrongful Death Claim

  1. Consult an Attorney

Hiring a wrongful death attorney is crucial. An experienced lawyer can assess the case, determine liability, and navigate complex legal procedures.

  1. Gather Evidence

Evidence such as police reports, medical records, eyewitness statements, and expert testimony can strengthen your claim.

  1. File the Claim

The attorney will ensure the lawsuit is filed within the statute of limitations and in the appropriate jurisdiction.

  1. Negotiate or Go to Trial

Many wrongful death cases are resolved through settlement negotiations, but some may proceed to trial if a fair agreement cannot be reached.

  1. Receive Compensation

Once the case is resolved, families can use the compensation to cover expenses and rebuild their lives.

Why You Need a Wrongful Death Attorney

Wrongful death claims are legally complex and emotionally challenging. An experienced attorney can:

  • Evaluate the case and advise on the likelihood of success.
  •  Handle legal filings and negotiations with insurance companies.
  • Represent your interests in court if necessary.
  • Understand the various nuances of both wrongful death and survival action, which require a great deal of education and experience.

The Bill Connor Law Firm, based in Orangeburg, SC, is here to help you navigate this difficult time. With a commitment to justice and compassion, Bill Connor brings years of legal expertise to fight for families in need. He has handled Wrongful Death and Survival action claims achieving over a million dollars on such a claim.

Conclusion: Seeking Justice After Tragedy

A wrongful death claim can never replace the loss of a loved one, but it can provide much- needed financial relief and a sense of justice. By holding the responsible parties accountable, families can begin to heal and rebuild.

If you’ve lost someone due to another’s negligence or intentional harm, contact The Bill Connor Law Firm today. As a retired Army Colonel and a Christian attorney, Bill Connor brings unmatched dedication and integrity to every case. Schedule your consultation to discuss your rights and start the journey toward justice.

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Attorney Bill Connor Owner
William M. Connor V stands as a paragon of legal excellence and dedicated service. His background blends an impressive legal career with a distinguished military background to the rank of Colonel (with a career spanning various commands, including as senior US advisor to Helmand Province, Afghanistan). Bill was a runoff candidate for Lt. Governor of South Carolina in 2010, and in 2021 received the state’s highest award from SC Governor McMaster, the Order of the Palmetto. After only six years of legal practice (which included time deployed to combat), Bill was recognized by his peers as having the highest possible ranking ethical standards and competency, earning him the prestigious AV® Preeminent™ Peer Review Rating by Martindale- Hubbell®. In 2021, Bill was elected by fellow Citadel Alumni to serve on the prestigious Citadel Board of Visitors. Bill has attained several seven figure resolutions for clients, including a multi- million dollar settlement in 2023 and over a million dollar resolution in 2024