South Carolina recognizes a civil cause of action called ‘death by wrongful act’ (S.C. Code § 15-51-10) – more commonly referred to as wrongful death. Wrongful death lawsuits allege that another person or entity’s negligent, reckless, or intentional conduct caused your loved one’s death. These claims may arise out of traditional personal injury cases, such as car accidents and falls, or criminal conduct.
Deaths involving criminal offenses – such as murder, manslaughter, domestic violence, or drunk driving – can entitle South Carolina families to recover additional damages in wrongful death lawsuits. An experienced wrongful death attorney in Spartanburg can help eligible family members obtain and maximize the following damages on behalf of deceased loved ones.
Personal Injury Damages
Many wrongful death claims involve immediate fatalities, such as brain injuries sustained in high-speed car accidents. However, some victims suffer for months or even years before succumbing to their injuries or illnesses. This may occur in nursing home neglect and medical malpractice cases. Eligible family members can demand all damages that would have been available to their loved one in a personal injury case. In South Carolina, this includes the following:
- Medical expenses
- Lost wages and benefits
- Physical pain
- Emotional anguish
- Inconvenience and frustration
- Loss of spousal companionship
- Exemplary damages
These damages are added to the decedent’s estate as if they were awarded during his or her lifetime.
Funeral Expenses and Probate Costs
The personal representative can also demand reimbursement for any final expenses, including funeral and probate costs. This money is returned to the estate or to the individuals who paid the initial funeral expenses. You should always keep the funeral bill and any receipts related to probate costs and travel.
Family Suffering (Loss of Consortium)
Spouses, children, or parents of deceased minors can obtain damages for their personal pain and suffering during wrongful death litigation. An experienced lawyer will demand reimbursement for your emotional anguish and any injuries or illnesses stemming from your distress. Spouses can also demand damages for lost spousal comfort and companionship, and children can obtain reimbursement for lost guidance and parental love.
Exemplary (Punitive) Damages
South Carolina law (S.C. Code § 15-51-40) explicitly authorizes attorneys to seek exemplary damages in wrongful death cases involving reckless, willful, or downright evil conduct. These are also called punitive damages, and they exist to punish offenders and cannot be recovered from insurance companies. They are not always available based on the offender’s financial status, but a dedicated Spartanburg wrongful death lawyer will fight for every penny if your loved one was neglected, abused, or murdered. Any exemplary awards are added to the estate and distributed in accordance with the will or state succession laws.
Get Help Maximizing Available Wrongful Death Damages in Spartanburg
Eligible family members can obtain damages for their loved one’s losses and their personal pain in South Carolina wrongful death cases. Additionally, a compassionate Spartanburg wrongful death lawyer from Eppes and Plumblee can help you demand exemplary damages for deaths resulting from criminal conduct. Discuss your death by wrongful act claims case by contacting us online or calling (864) 235-2600 today.