In the state of South Carolina, two different kinds of
lawsuits can help you recover monetary damages if someone you love dies because
of another person's actions or negligence. Depending on the circumstances,
filing a wrongful death lawsuit, a survival cause of action lawsuit, or both
might the best course of action.
Of course, no amount of money could ever replace your loved
one, but a wrongful death or survival right of action claim attempts to at
least lessen the financial burden that the death caused within the family. Read
on to learn about each type of lawsuit and how they work.
Wrongful Death Lawsuits
Wrongful death lawsuits compensate estate beneficiaries
after someone passes away due to the negligent actions of another person or
people. Usually, this means that the money awarded in a wrongful death lawsuit
goes to the spouse, children, or others who were financially dependent upon the
deceased person.
In the state of South Carolina, the estate executor or
administrator must file the wrongful death lawsuit within the three-year statute of
limitations
following the wrongful death. Unfortunately, many families wait
until too much time has passed and miss their opportunity to recover damages.
That's why you should reach out to an experienced wrongful death attorney if
you suspect or feel certain that your loved one's death was preventable.
A wrongful death lawsuit award can include monetary
compensation for many different things, with the most common types of
compensation including:
- Family
pain and suffering due to a loved one's death
- Future
lost income until the age that the deceased was projected to retire
- Funeral
costs, including burial, flowers, music, and other related costs
- Loss
of child care or adult care provider, if previously provided by the
deceased
- Loss
of medical benefits held by the deceased
A wrongful death lawsuit is the most common way to recover
damages after someone caused the death of a loved one but is not the only way.
Survival cause of action lawsuits are another option that you can file in
certain circumstances.
Survival Cause of Action Lawsuits
Just as with a wrongful death lawsuit, a survival cause of
action lawsuit is filed by an estate executor, and the statute of limitations
is three years in South Carolina. But, it's very different than a wrongful
death lawsuit in one key way: a survival cause of action suit covers the types
of damages that occurred while the victim was still alive rather than focusing
on damage caused by the death.
A survival cause of action lawsuit is very similar to a
personal injury lawsuit that the deceased could have filed, had they survived,
so this action is like filing a lawsuit on behalf of the deceased rather than
on behalf of the family of the deceased. Survival cause of action compensation
generally includes:
- Personal
pain and suffering of the deceased before they passed
- Medical
bills incurred by the victim prior to passing
- Lost
earnings up until the time of death
The exact compensation in a survival cause of action lawsuit
can vary according to the specific circumstances. For example, if the victim
died fairly quickly rather than having a long drawn-out illness, the survival
cause of action lawsuit may not include any compensation for lost earnings.
Instead, the lawsuit may mainly focus on pain and suffering and medical bills
up until their death.
To successfully file a wrongful death or survival cause of
action lawsuit, you need a highly experienced attorney like the Law
Offices of Robert Dodson, P.A. To get the customized attention that your
wrongful death or survival cause of action case deserves, reach out online or by phone now.
