The sudden and unexpected death of a loved one or family member is always jarring and often devastating emotionally and financially.  If the death of a loved one was caused by someone’s negligent actions or inaction, it is referred to as a “Wrongful Death”.  Pursuing an action for the “Wrongful Death” of a loved one may be the appropriated vehicle to obtain reimbursement for the financial losses caused by the at fault person’s negligence and recognize the value of your loved one’s life.

Pursuing a “Wrongful Death” claim and other potential attendant actions such as a “Survival Action” can be complicated and obtaining the best result requires more expertise than can be explained or portrayed in a flashy 30 second TV Commercial.

Below are a couple of factors to keep in mind.

The Personal Representative of Your Loved One’s Estate Files a Wrongful Death Claim

In South Carolina, the law requires that the Personal Representative or Administrator of your loved one’s estate is the proper person to pursue the “Wrongful Death” cause of action on behalf of the family members.  The Personal Representative is usually designated in the Decedant’s will or if there is no valid will appointed by Court pursuant to the probate code.  Ultimately, in either case the Probate Court must formally appoint the Personal Representative of the Estate.

Wrongful Death Damages are an Attempt to Reimburse the Grieving Family for Their Loss

When someone dies unexpectedly, their surviving family usually is not be prepared to handle the financial obligations that result from the loss. The money awarded in a wrongful death settlement can go toward funeral expenses, burial or cremation costs, medical bills for treatment before death, and loss of the deceased’s wages and benefits. Damages for the emotional loss, including loss of the person’s companionship and guidance are usually large components of a Wrongful Death Claim. If the attorney can prove the defendant’s actions were grossly negligent so as to almost be deliberate, an award of punitive damages may also be available.

If you have lost a family member due to a semi tractor trailer, automobile, or motorcycle wreck, homicide, medical malpractice, nursing home neglect, a motorcycle accident, or another incident in South Carolina, contact the Law Offices of Adrian L. Falgione, LLC, in Lexington. Serving clients in The Midlands area for over 30 years, Attorney Falgione specializes in civil litigation. For a consultation, call (803) 957-6543. Learn more about attorney Falgione’s practice areas online and find announcements on Facebook.