No one wants to go through a wrongful death lawsuit as a result of losing a spouse or family member. A loved one has died, and that’s bad enough. That the loved one died because of someone else’s negligence only makes it harder. Under the circumstances, though, you should pursue a wrongful death action to seek some compensation for your loss. South Carolina law permits recovery of damages for the death of a spouse, child, or parent who dies as a result of the negligence of another. How you obtain those damages can be complicated and often involves a settlement of your wrongful death lawsuit.
If A Loved One Died Because of the Neglect or Wrongful Act of Another, Talk to a Rock Hill Wrongful Death Attorney
If you have had a close relative, whether a spouse, parent, or child, die because of someone else’s negligence, you could be entitled to a wrongful death claim. To find out, talk to the attorneys of Elrod Pope Accident & Injury Attorneys. They are able to help you with your situation.
Wrongful Death Settlement FAQs
Can I file a wrongful death action?
To have standing to file such a lawsuit, you must be a spouse, child, parent, or some other heir of the person who died. In some rare cases a PR (personal representative) may also be able to file such a lawsuit. Only a duly appointed personal representative of the deceased can settle a wrongful death action.
What form can a wrongful death settlement take?
A settlement in a wrongful death action can take many forms, including a lump sum payment. However, the settlement often takes the form of an annuity or some other form of structured payment. Annuities make annual payments rather than lump-sum payments and can cover survivors’ financial loss from the wrongful death through payments over time.
Who can receive compensation in a wrongful death action?
You must be a lawful heir of the deceased to benefit from a wrongful death settlement or payment. Essentially, that means you must be the spouse of the deceased, a child, a parent, or some other lawful heir.
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