Spartanburg Accident Attorney
The same accidents that generate personal injury lawsuits can result in fatal injuries and wrongful death. Certain family members, as outlined by South Carolina law can recover monetary compensation for the wrongful death of their loved one. If you have lost someone in a fatal South Carolina accident, please talk to our Spartanburg accident attorney today to learn more about your legal rights.
Understanding Wrongful Death
A wrongful death action is a civil lawsuit, not a criminal case. Its purpose is to financially compensate the loved ones of the victim rather than to punish the personal or entity responsible for the death, although punitive damages are sometimes included.
Because the defendant is not at risk of losing life or liberty, you do not need to prove “guilt beyond a reasonable doubt” to win. You do not need to prove motive or intent. You only have to prove negligence.
Depending on the circumstances, there may also be a criminal case. Families sometimes win wrongful death lawsuits even when the defendant has been cleared criminally.
Types of Wrongful Death Accidents
In South Carolina, any type of accident that would have given rise to a personal injury lawsuit if the victim had lived, can lead to a wrongful death lawsuit. Examples include:
- Auto accidents
- Motorcycle accidents
- Truck accidents
- Medical malpractice
- Slip and fall
- Construction accidents
- Work-related accidents
- Premises liability accidents
- Accidents and injuries caused by defective products
- Fatal drug injuries
- Nursing home abuse and neglect
Wrongful Death Beneficiaries
South Carolina law is specific about who can collect wrongful death compensation. Surviving spouses and children of the decedent are the only beneficiaries, if they exist. If there is no spouse or child, the parents receive compensation. If the decedent had no living spouse, child, or parent, the decedent’s heirs can claim wrongful death compensation.
If you have lost a loved one in a South Carolina accident, our Spartanburg accident attorney can help. Please do not hesitate to call the Dan Pruitt Injury Law Firm at (864) 280-7660 today, or contact us online, to schedule you free initial consultation. We can help you collect the compensation that you deserve. Our firm handles wrongful death cases on a contingency fee basis, meaning that you will not be asked for money upfront, and we only get paid if and when we recover compensation on your behalf. There is a time limit for filing your wrongful death lawsuit, so please do not wait until it is too late.
