Filing a Spartanburg Wrongful Death Action

Wrongful death lawsuits compensate family members after the tragic loss of a loved one due to someone else’s negligence. By filing a Spartanburg wrongful death action, at-fault parties could be held legally responsible for unexpected medical expenses, property damage, lost income, funeral expenses, pain and suffering, and other losses that a spouse, children, parents, or other heirs might encounter after such an event. 

It may be hard to understand your next steps and legal options after losing a loved one. Wrongful death actions may involve complex evidence and legal procedures, sometimes ending in a jury trial. With compassionate guidance from proven wrongful death attorneys, you could pursue financial recovery from negligent or reckless parties. Contact our dedicated legal team at KD Trial Lawyers to learn more about wrongful death claims. 

What is a Wrongful Death Action in South Carolina?

Wrongful death actions are civil remedies for family members of someone who dies due to someone else’s negligence or reckless act. Unlike a criminal charge, wrongful death cases address financial compensation only. However, a wrongful death action could be filed while a criminal case is proceeding. In South Carolina, the estate administrator/executor may pursue liability against a wrongdoer and pursue payment for economic damages, non-economic damages, and punitive damages in some situations. If someone dies without an estate plan or named executor, the court may name one. 

South Carolina’s wrongful death statute is found under South Carolina Code of Laws § 15-51-10. Under state law, when someone’s death is caused by a wrongful act or negligence, surviving family members may be beneficiaries in a claim. Those who could be compensated in a wrongful death lawsuit include the deceased’s: 

  • Wife or husband
  • Child or children 
  • Parent or parents (if no spouse or children)
  • Other legal heirs, if no spouse, children, or parents 

Wrongful death actions allow surviving heirs to claim some measure of justice for their loved one after a devastating loss. Our experienced wrongful death attorneys in Spartanburg can help you file a claim, investigate the accident, gather key evidence, and pursue the full range of monetary damages allowed by law. 

Damages in a Wrongful Death Action

Filing a wrongful death lawsuit in Spartanburg allows you to seek compensation for economic and non-economic damages. Economic damages in a wrongful death action may include: 

  • Funeral and burial expenses 
  • Medical expenses incurred between the date of the accident and death
  • Loss of income for dependent spouses and children
  • Out-of-pocket expenses incurred during treatment between the accident and the date of death

Non-economic damages might include:

  • Loss of companionship for a spouse
  • Loss of guidance for children 
  • Emotional distress
  • Pain and suffering 

In some cases, punitive damages might apply. When a wrongdoer acted with malice or extreme recklessness, a court could award punitive damages in addition to economic and non-economic damages. 

Any damages awarded are typically divided among the spouse, children, parents, or other heirs. Our skilled wrongful death action lawyers will approach the process of filing and building your claim carefully to ensure all potential damages are accounted for. 

Contact a Spartanburg Lawyer for Help Filing Your Wrongful Death Action

A compassionate and experienced attorney from our firm can help if you face the sudden loss of a loved one due to negligence. Filing a Spartanburg wrongful death action starts with gathering information and moving forward. Our legal team at KD Injury Lawyers is here to help you pursue justice under the most difficult circumstances. Contact our office today to schedule a free consultation.