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What Damages Can Be Recovered in a Wrongful Death Claim

The loss of a family member or other close loved one to an accident is heartbreaking. South Carolina’s wrongful death law (S.C. Code § 15-51-20) provides a civil path to justice and compensation. While nothing could ever be enough after such a horrible tragedy, grieving families need financial support. Compensation may be sought for both economic losses and non-economic damages. Here, our South Carolina wrongful death lawyer provides an overview of the damages that may be recoverable in a settlement or a verdict in this type of case.

Damages for Wrongful Death in South Carolina

Medical Expenses

A wrongful death damages claim in South Carolina starts with any out-of-pocket medical costs related to the accident. If your loved one received treatment before passing, the estate can seek compensation for those costs. These damages cover hospital bills, doctor’s services, prescription drugs, and other medical expenses directly tied to the fatal accident.

Funeral and Burial Costs

Another core economic damage is funeral and burial costs. South Carolina law allows recovery for the reasonable costs of funeral and burial arrangements. Families should not bear the financial burden of providing a proper service to their departed loved one.

Loss of the Decedent’s Income/Financial Support

Families may recover the wages and benefits the deceased would have provided had the accident not occurred. Notably, it can be complicated to determine the value of this damage. The process often requires expert testimony from economists or vocational specialists. The goal is to replace lost financial support that dependents would have received.

Loss of Household Services

Next, the law in South Carolina recognizes the value of contributions beyond income. Household services include childcare, cooking, cleaning, maintenance, and other support the decedent provided. Compensation for these damages reflects the economic cost of replacing such services.

Loss of Love, Loss of Consortium, and Loss of Companionship

Damages for a wrongful death are primarily non-economic, not economic. South Carolina’s wrongful death law provides recovery for the emotional loss suffered by surviving family members. Damages include the loss of love, companionship, care, and guidance. These non-economic damages recognize the deep impact of losing a spouse, parent, or child.

Note: Non-economic wrongful death damages can be notoriously challenging to calculate. It is imperative that you have an experienced attorney.

Punitive Damages

Punitive damages are not available in every wrongful death case. However, in South Carolina, they may be awarded if the defendant acted with willful, wanton, or reckless disregard for safety. Their purpose is to punish egregious conduct and deter similar behavior in the future.

Contact Our Attorney for Wrongful Death in South Carolina Today

At The Law Office of Steven M Krause, PA, our South Carolina wrongful death lawyer fights tirelessly for justice and the maximum financial support for grieving families. If you have any questions about wrongful death damages, we can help. Call us now or contact us online for a free case review. We handle wrongful death claims throughout South Carolina.

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