In South Carolina, wrongful death is a legal concept that pertains to situations where an individual’s death is caused by the negligence, recklessness, or intentional actions of another party. When someone’s wrongful actions lead to the death of another person, the surviving family members or the estate of the deceased may have the right to pursue a wrongful death claim. Woron and Dhillon, LLC, in Columbia, SC, can assist in understanding what constitutes wrongful death in South Carolina:
- Negligence: Wrongful death claims often arise from situations where an individual’s death resulted from the negligence of another party. This can include car accidents, slip and fall incidents, medical malpractice, or workplace accidents, where someone’s careless actions or failure to act safely led to a fatal outcome.
- Intentional Harm: Wrongful death claims can also stem from situations involving intentional harm, such as assault, homicide, or criminal acts. When a person’s deliberate actions lead to another’s death, both criminal charges and a civil wrongful death claim may be pursued.
- Product Liability: In cases where a defective product or a dangerous product design contributes to a person’s death, a wrongful death claim may be brought against the manufacturer or distributor of the product.
- Medical Malpractice: Medical professionals who provide substandard care that results in a patient’s death may be liable for wrongful death. This can include misdiagnosis, surgical errors, medication errors, or failure to provide appropriate treatment.
- Occupational Accidents: If a person dies as a result of a workplace accident or exposure to hazardous conditions, their family may have grounds for a wrongful death claim against the employer or other responsible parties.
- Damages: To establish a wrongful death claim, it’s important to demonstrate that the death caused damages to the surviving family members, such as financial losses, emotional distress, and loss of companionship.
In South Carolina, the wrongful death statute (S.C. Code Ann. § 15-51-10) outlines who can file a wrongful death claim and the types of damages that may be recoverable. Typically, the surviving spouse, children, or parents of the deceased may file a wrongful death lawsuit. Damages may include funeral and burial expenses, medical bills, lost financial support, and compensation for the emotional pain and suffering endured by the surviving family members.
Navigating a wrongful death claim can be complex and emotionally challenging. Woron and Dhillon, LLC, is experienced in handling wrongful death cases in Columbia, SC, and can provide compassionate legal representation to help families seek justice and compensation for their loss.