Can You Recover Damages For Wrongful Death in South Carolina?
Is Wrongful Death a Civil or Criminal Case?
February 28, 2024
Few experiences are as devastating as the untimely death of a loved one. In addition to the intense grief, your family has to manage the costs that come with the burial and memorial, as well as the strain that may come from losing the financial support of the deceased.
While nothing can make up for that loss, you can file a claim or sue for damages for wrongful death if someone’s negligent or malicious actions were the cause. Learn which losses you can recover, and find out how our compassionate team at the Law Office of Steven M. Krause P.A., in Anderson, SC, can help.
What Types of Damages for Wrongful Death Can You Recover in a South Carolina Lawsuit?
How can you recover damages for wrongful death? It is not a simple process and requires calculations in three categories.
Economic damages
Economic damages are expenses resulting from the death of your loved one that you can measure. The goal of this compensation is to restore your family financially. Another name for this kind of compensation is “special damages.”
These losses include your burial and funeral costs, as well as the wages and future benefits your loved one would have earned. Your family can also cover the medical expenses and property loss that the deceased suffered.
To obtain compensation for all economic expenses, you will need to file a wrongful death and survival claim. The wrongful death claim handles the costs your family suffered specifically because of the death, while the survival claim takes care of any injury expenses your loved one incurred before dying.
Non-economic damages
Non-economic damages for wrongful death cover the kinds of losses that are truly impossible to measure but still impact the family. This includes your mental anguish, psychological pain and emotional suffering. Your family can also recover damages for the loss of your loved one’s care, compassion and guidance. As with economic damages, you can use a survival action to recover losses for the pain and suffering your deceased relative experienced before he or she died.
Calculating this compensation is challenging, and it helps to have an experienced lawyer by your side. Instead of trying to wrap your head around which system brings you the fairest compensation and then having to prove that, our team can do it for you to help minimize your burden.
Punitive damages
Punitive damages are less common, but you should still determine if you can recover such wrongful death damages in your case. Courts only award these as a punishment to the liable party for reckless and deliberate behavior.
Instead of serving as compensation, these damages punish the defendant and serve as a warning to others. For example, if a trucking company was negligent in following regulations for driver safety and had a practice of such behavior, a court might decide to award punitive damages because of their irresponsibility.
Work With Our Lawyers Today To Recover Damages for Wrongful Death
When you need empathetic support while pursuing damages for wrongful death, look to the Law Office of Steven M. Krause, P.A., in Anderson, SC. We help people like you every day and can provide a free consultation to help you determine what steps to take next.
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HOURS & ADDRESS
- 207 E. Calhoun St. Anderson, SC 29621
- (864) 225-4000Local
- 864-844-4836 En Español
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Steven Krause is a personal injury, auto accident, and workers’ compensation lawyer who practices in Anderson, SC. He graduated form the Thomas M. Cooley School of Law and has been practicing law for 40 years now. Steven Krause believes in fighting for the injured. Learn more about his experience here.
