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Wrongful Death Questions

Anderson, Greenville, Spartanburg, South Carolina

Here you will find some commonly asked questions and answers about accidents that result in wrongful death. A qualified wrongful death attorney can answer any questions you may have about your specific claim.  

What is wrongful death?

A wrongful death is when someone dies unnecessarily because of another party’s negligence or wrongdoing. The other party could be a person or an organization, in a direct or indirect manner. A wrongful death suit can be filed on behalf of the victim by that person’s:

• Spouse
• Children
• Parents
• Other beneficiaries

If the negligent act that resulted in death was caused by a defective product, a product liability claim may be filed against the product manufacturer. If the accident leading to death was caused by a hazardous condition on another party’s premises, a premises liability claim may be filed.

What financial compensation can I recover for a wrongful death claim?

After a wrongful death has impacted your life, you will often experience the at-fault party’s insurance company contacting you to try and convince you to settle immediately. As the family member of a wrongful death victim, you do not have to talk to the insurance representative, let alone settle. A wrongful death attorney will be able to fully assess your claim and may help you obtain compensation for the following:

• Medical and funeral costs
• Lost benefits and inheritance
• Pain and suffering
• Lost wages and future earnings
• Mental anguish
• Lost companionship

How is the amount of damages determined?

But because survivors of the wrongful dead victim have been injured by the absence of their loved one, determining the amount of damages requires assessment of what would like have taken place in the future. This can be determined through:

• Estimated earnings of the victim’s future income, should they have lived. This generally requires expert testimony regarding the deceased’s future earning capacity
• Pain and suffering endured by the family due to the loss of their loved one

If the wrongful death occurred at work, is there someone I can sue?

If your loved one dies at work, the only recourse their surviving family members have is under the laws of workers’ compensation. But, if the death was caused by the wrongdoing of a person other then the direct employer, then the family members can bring a suit against that person. This may include a:

• Coworker
• Subcontractor
• Manufacturer of a defective product
• Other party

A wrongful death is a painful ordeal. While a wrongful death suit can never replace the loss of your loved one, holding the responsible party legally responsible can help ease the financial burden you are going through. If you live in Anderson, Spartanburg or Greenville, South Carolina, and your loved one has suffered a wrongful death, please contact the Dick James Law Firm to schedule a complimentary consultation.