Nothing can erase the shock and trauma of losing a loved one. You may still be in the grieving process, only to find that unexpected expenses are making it difficult for your family to stay afloat. Perhaps your loved one was the main provider for the family or maybe you’re just struggling to pay for final expenses associated with a loved one’s passing. No matter the circumstances, these are not burdens you should have to bear alone. A wrongful death settlement in Spartanburg County can help you and your family find the financial security you need and begin the healing process together. Our Spartanburg wrongful death lawyers have the experience and dedication to help you!
What is a Wrongful Death Suit?
A loved one of a deceased person may file a wrongful death suit if the death was due to another person’s negligence. The following are examples of wrongful death cases, but this is not an exhaustive list:
- Fatal car accidents
- Work-related incidents such as plant explosions
- Death resulting from a defective product
A wrongful death suit may apply when someone loses his or her life as the result of someone else’s legal fault. This is a concept called “negligence,” and it forms the foundation of every personal injury and wrongful death case.
Who Can File a Wrongful Death Suit?
Not everyone can file a wrongful death suit. According to South Carolina law, section 15-51-10 only the following people may recover damages:
- Immediate family members. Spouses and children of the deceased, including adopted children, have the option of filing a wrongful death suit. Parents of unmarried children may also recover damages.
- The heirs-at-law for the deceased, if the deceased has no children, parents, or spouse.
While these are the people who recover damages in a wrongful death suit, it is often the executor of the state who actually files the claim. He or she works with legal counsel to pursue a case on behalf of the surviving family members listed above.
Available Damages in a Wrongful Death Suit in Spartanburg
A wrongful death suit may help surviving family members recoup financial losses associated with losing a loved one. There are many different damages that you can be awarded. Examples of these losses include:
- Funeral and burial expenses
- Medical bills related to a person’s final illness or injury
- Property damages
- Loss of consortium or partnership
- Loss of care, companionship, or protection
- Loss in earning capacity
- The pain, suffering, and emotional distress suffered by the family in the wake of their loss
In certain cases, the courts may award “punitive” damages to the family. These apply when deliberate recklessness was at the heart of the act leading to wrongful death. They serve to punish the defendant and discourage the behavior in the future.
Your Wrongful Death Attorney in Spartanburg
We know nothing can replace a loved one, but a wrongful death settlement can help your family find the financial means to move forward. The experienced Spartanburg wrongful death lawyers at HawkLaw are standing by ready to help you through this difficult time. Should you have more questions or want to schedule a free initial consultation to discuss your case, please contact us in Spartanburg today! (864) 574-8801
Our address is: 5506 Reidville Rd., Moore, SC 29369. We are conveniently located on Reidville Rd. between the intersections of Hollifield Ln. and Plateau St.
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