Request your Free Consultation
Posted on February 20, 2023 in Interesting Articles
It is essential to understand the elements of a wrongful death case to establish liability and prove you are entitled to compensation after losing a loved one. Pursuing an insurance claim or wrongful death lawsuit requires specific steps. If you cannot prove someone else is at fault for your family member’s death, recovering financial compensation is unlikely.
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 personal injury cases. 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. Now the appropriate path is a wrongful death action, where the executor or administrator of the estate must step in and initiate a wrongful death 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. Examples of the evidence you will need will depend on the circumstances but might include:
Proving the elements of a wrongful death claim can be complicated. You should not pursue a case without first consulting an experienced attorney.
The Melonakos Law Firm has over a decade of experience fighting for our client’s rights. No amount of money can take away your pain, but compensation can offer some financial security while paying final expenses and settling the estate. A successful wrongful death claim can also provide a sense of justice for the deceased and a sense of closure for the survivors.