Myrtle Beach Lawyers in the Myrtle Beach Area
It is traumatic for a family when a loved one passes away, especially if it was due to preventable negligence or an intentional act. Families deal with grief, anger, depression and denial. If a loved one has died, a wrongful death lawyer in Myrtle Beach can sue on behalf of the family for financial compensation. While this cannot replace the love and comfort provided by the deceased, it does allow the family to grieve without financial burdens and pursue the justice their loved one deserves.
Common Wrongful Death Cases
Families can lose a loved one due to other factors as well as traffic accidents, which are the most common causes of wrongful death. A wrongful death claim covers the following damages:
- End-of-life expenses: The cost of burial and funeral services is astronomical as end-of-life expenses continue to rise.
- Medical bills: A wrongful death claim includes necessary medical expenses related to the person's death.
- Lost Wages: Lost wages are recoverable. You may be able to recover any benefits the decedent would have received if the wrongful death had not occurred.
- Pain and Suffering: Wrongful death suits do not cover the emotionally draining pain and suffering of survivors. A survival action can provide compensation for the pain and suffering the decedent endured before their death. In South Carolina, there is no cap on these damages.
- Punitive damages: These damages are intended to punish the at-fault party for egregious or horrific conduct. Its presence in a South Carolina wrongful death lawsuit provides extra compensation.
- Loss of consortium: South Carolina allows a claim for loss of consortium in a wrongful death case.
- Loss of support: The children (both natural and adopted) and stepchildren of the deceased may recover damages for the loss of the deceased's guidance and care.
Definition of a Wrongful Death
If you're planning to file a wrongful death claim, you should know what it is and what it isn't. Let’s look at what constitutes a wrongful death by law.
In a wrongful death case, it is the outcome of one party's reckless or negligent actions that causes the death of another. These elements include:
- We all have a duty to ensure safety whether on the road or in a grocery store.
- The at-fault party failed to meet this duty of care.
- A breach of this duty caused the person’s death.
- There were specific damages caused by the death of your loved one.
Unless you have all of these elements, you cannot bring a wrongful death lawsuit. In a wrongful death case, it is your responsibility to prove the above elements. It is unreasonable, however, to expect you to collect evidence and prove each element while you are grieving. An experienced South Carolina wrongful death lawyer can help with these legal issues and file your claim on your behalf.
Wrongful Death Cases
There are several types of wrongful death cases that cover a wide range of scenarios. Among the most common types of wrongful death cases in Myrtle Beach are:
- Car accidents
- Product liability
- Animal attacks
- Slip and fall accidents
- Trucking accidents
- Nursing home abuse
- Medical malpractice
- Motorcycle accidents
Were your circumstances not included in the above list? This list isn't comprehensive so don't lose hope. Consult an attorney if you believe you have a wrongful death case. If you have a claim, they will help you decide what to do next.
Morris Law Firm
At Morris Law Firm, we provide compassionate and comprehensive service if there was a death due to negligence in your family. Just call us and we will schedule a free case review at your convenience. Call (843) 232-0944 or contact us online.