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Posted by Michael Melonakos on May 7, 2024 in Personal Injury
Did you recently lose someone close to you because of someone else’s wrongful actions or inaction? If so, you might have grounds for a wrongful death lawsuit.
With a successful wrongful death claim, you can hold the responsible party accountable, demand justice for your loved one, and recover fair compensation for your family. But what are your chances of winning a wrongful death suit? Here’s what you need to know about how these lawsuits work in South Carolina, the odds of winning your case, and how our wrongful death lawyers can help.
Under South Carolina law, grounds for a wrongful death claim exist when a person dies due to someone else’s wrongful act, neglect, or default. In other words, if the deceased could have filed a personal injury lawsuit had they survived, their surviving family members can still sue the responsible party. Only the personal representative or administrator of the deceased’s estate can file a wrongful death lawsuit in South Carolina. The personal representative or administrator is usually someone named in the deceased’s will or appointed by the court. However, any compensation from a successful wrongful death lawsuit goes to the deceased’s immediate family members, including their spouse, children, or parents. If none of these relatives are alive, then other heirs can receive compensation from the claim.
To win a wrongful death claim, the plaintiff must prove that the responsible party’s actions directly caused the death of their loved one. They must also demonstrate the ways they’ve suffered as a result of their loss. Winning a wrongful death case requires strong and convincing evidence to substantiate these claims.
A wrongful death claim is a civil lawsuit that seeks compensation for a death. Four basic facts must be true for a South Carolina wrongful death claim to proceed:
Pursuing compensation in a wrongful death claim differs significantly from a personal injury claim. When you file a personal injury claim, you seek to hold the at-fault party liable for your injury and recover money to compensate you for your medical bills, lost income, pain, suffering, and other losses. In wrongful death cases, the injured parties, since they have died, can no longer file personal injury claims. The appropriate path is a wrongful death action, where the executor or administrator of the estate must step in and initiate the suit on behalf of the surviving family.
Compensation in a successful wrongful death claim could cover losses such as:
Evidence is crucial to proving that someone else caused the incident that resulted in your loved one’s death. The evidence you need will depend on the circumstances but might include:
No two wrongful death cases are exactly alike, and it’s difficult to say what one case’s odds of success are without reviewing it carefully. However, understanding the key factors that influence the outcomes of these cases can offer some insight into what could affect the likelihood of a successful verdict or settlement. These factors include:
Hiring an experienced wrongful death lawyer is essential because they know how to win a wrongful death lawsuit in South Carolina. A good attorney can build a strong case by gathering necessary evidence and presenting it convincingly, negotiating effectively for a settlement that keeps you from having to go to trial. If the at-fault party won’t settle and your case does go to court, your attorney can make your case to the judge or jury. They will also handle all the legal details while you focus on grieving your loss, making a difficult time for you and your family easier.
Are you looking to improve the chances of success for your wrongful death suit? The Melonakos Law Firm is here to help with the legal process. Contact us today for a free initial consultation to learn how our experienced South Carolina wrongful death attorney can fight for the justice your loved one deserves.
