Wrongful Death Lawyer in Columbia, SC

Losing a loved one is a devastating experience, changing a person’s life forever. The cherished moments you spent with your family member will remain with you, but they will likely never ease the extent of your pain.

The pain of losing someone is only intensified when it is due to the negligence of another party. If you believe that your loved one’s death is another person’s fault, you need to speak with our Columbia wrongful death lawyers.

What is Wrongful Death?

South Carolina law defines wrongful death as the death of another person caused by “the wrongful act, neglect, or default of another.” When a wrongful death action is pursued, if the deceased would have been entitled to compensation if he or she had survived, then damages will be awarded.

Wrongful Death Actions in South Carolina

Although the death of the individual was not intended, the deceased’s family is allowed to take legal recourse against the at-fault party. In South Carolina, the following persons are allowed to file a wrongful death claim in relation to the deceased:

• Spouse or children
• If no spouse or children exist, then the parents
• If no spouse, children, or parents, then the decedent’s heirs

In South Carolina, legal action must be taken in the name of the personal representative (executor) of the estate. If the defendant dies before litigation commences, then the lawsuit can be filed with the at-fault party’s estate.

Proving Negligence in Wrongful Death Actions

For family members to recover compensation on behalf of their loved one, the following must be proven:

• The defendant had a duty of care. In the case of medical malpractice, the doctor has a duty to meet a reasonable standard of care when treating a patient.
• The defendant breached their duty of care. Using the above example, if a doctor gives you the wrong medication, legal recourse can be taken for any resulting complications.
• The breach of duty resulted in the plaintiff’s injuries. In the case of dispensing incorrect medication, the breach resulted in health complications and, eventually, the plaintiff’s death.
• The plaintiff incurred damages. In the case of wrongful death, this may include economic damages, such as medical expenses following the injury, loss of future earnings, and funeral and burial expenses. Noneconomic damages can also be claimed, including pain and suffering, infliction of emotional distress, and mental anguish.

Examples of Wrongful Death Cases

There are many scenarios in which wrongful death can take place:

Motor Vehicle Accidents

If a motorist’s negligence results in fatalities, a wrongful death action may be pursued. In a single year, there were 1,093 fatalities on South Carolina’s highways. When a death occurs from a car accident, the at-fault driver’s auto insurance will pay the deceased’s family damages.

Medical Malpractice

An error on the part of a physician or any medical professional can have devastating consequences. Medical malpractice can range from misdiagnoses, dispensing the wrong medication, surgical errors, failing to check on a patient post-surgery, and mixing up patient charts.

Defective Products

Each year, millions of people are treated in the emergency room as a result of defective products. Defective products may be caused by a flaw in the design or assembly process. If a defective product is the cause of your loved one’s death, you may be able to pursue damages against the manufacturer, distributor, or retailer.

Speak with our Columbia Wrongful Death Lawyers Immediately

We only have limited time with our loved ones. When that time is cut short, we deserve to be compensated for our emotional and financial losses.

If you have lost a family member at the mercy of another’s hands, contact our Columbia wrongful death lawyers at the Law Office of Sharpe & Leventis online or by phone.