When a loved one dies due to a personal injury, the personal representative of the estate has the legal right to file the lawsuit. A wrongful death lawsuit is not that different from a normal personal injury lawsuit, albeit with different damages. Here is how a wrongful death lawsuit works.
There are two things that you need to prove in a wrongful death case:
Proving someone responsible requires that you show negligence. This test is the same one that is used in any personal injury lawsuit. There are four elements to proving negligence:
The burden of proof is on the family to prove each of these elements. They need evidence of what happened to cause the death in order to be eligible for financial compensation. A wrongful death attorney would investigate the incident or accident that caused the death to gather the evidence necessary to prove the case.
Next, the dependents of the deceased must prove their damages. They are entitled to receive payment for what they lost when their loved one passed away. Compensation for what their family member went through before they died comes from a second type of lawsuit called a survival claim. The dependants of the deceased are entitled to be paid for:
There is a lot involved in proving wrongful death and survival cases. The dependents must prove economic and emotional losses as well as fault or liability issues.These cases tend to have higher dollar values because of the nature of the harm. It is important that a family not go through this process alone.
Families need an experienced attorney to help prove their case and secure the greatest compensation. The Law Office of Steven M Krause PA helps South Carolina families when a loved one has been injured. Call us today at (864) 225-4000 or contact us online to set up a time for a free consultation.
It means that someone caused a death by acting unreasonably under the circumstances.
Most cases will settle without a hearing.
Yes. You do not need to pay anything out of pocket up front for a lawyer.