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The death of a family member or loved one can disrupt your family in massive ways. It will be difficult or even impossible to simply move on without them. Their support, guidance, and love may have been essential to you.
Worse, your loved one may not have simply passed away. Your loved one may have died because someone was careless with their safety. Now, they’re gone, and your family is left to recover from this tragic loss.
Here’s the good news—you don’t have to accept their passing without guidance. You have an opportunity to seek help through a Columbia wrongful death lawyer. At Louthian Law Firm, P.A., we know compensation won’t bring your loved one back, but it can help you feel closure and justice during this difficult time.
Wrongful death claims can be complex because the injured party has passed away. Typically, the injured party is the only one eligible to file a lawsuit following an injury. But in the case of a wrongful death claim, someone else must bring the claim to Columbia court. So who’s eligible to file a wrongful death claim?
In South Carolina, only the executor of the estate can file a lawsuit on the behalf of the deceased family member. But just because you may be unable to sue doesn’t mean you’re not eligible for compensation. The executor of the estate can seek compensation on the behalf of other family members, based on the suffering they experienced. Below are the eligible family members:
For example, as the spouse of the deceased, you may have planned and paid for the funeral expenses, and you may have suffered emotionally because of your loss. Because of this, you may have grounds to receive compensation for the loss, even if you’re not the executor of the estate. If you believe you’re eligible for compensation because of a family member’s death, contact your Columbia wrongful death lawyer for more information on how to move forward with a claim.
A family member’s loss can be costly in many ways. You’ve not just suffered the loss of a family member, which can have a heavy emotional impact. You may also be impacted financially for years to come if you don’t seek compensation.
Here’s the problem—you may be unsure how much your claim is worth and how to calculate your losses caused by the fatal accident. These losses can be complex, spanning years after the accident. Worse, if you fail to seek the maximum compensation for your claim, you may be left recovering from your losses without the funds you need
Before you file a Columbia wrongful death lawsuit, make sure you know what damages you’re due.
After the death of a family member, you may have a lot of expenses piling up. These losses can add a financial strain to your family, all while you’re dealing with the passing of a loved one.
Let’s say your spouse was the breadwinner of the family, and they recently passed away. You lost a loved one as well as your main source of income. You now have high expenses, like their medical bills and funeral costs, while also having lost the income that once paid for groceries and other basic needs. Talk to your Columbia wrongful death lawyer about adding up these tangible losses to seek fair compensation.
Losing a loved one is more than a financial issue. In many cases, the grief and emotional pain of losing a loved one can be overwhelming. Grief can impact your life in many ways, influencing your enjoyment of life and things you once loved to do.
But these are intangible losses, meaning your non-economic losses don’t have the same set value that economic ones do. Because of this, you may need tools from an experienced wrongful death lawyer to accurately calculate your claim’s value. Your pain and suffering, emotional distress, and loss of support should be compensated, so speak with your lawyer about including these losses.
You may also have grounds for other damages, not just these compensatory damages. Punitive damages are different from the economic and non-economic damages you may have suffered because they’re not meant to compensate you. These damages are instead meant to punish the wrongdoer for their carelessness.
Punitive damages can be difficult to seek out. These damages aren’t often awarded, since you and your Columbia wrongful death lawyer will need to prove the at-fault party was so dangerously negligent with the deceased’s safety. Luckily, your lawyer has the experience to navigate each element of your claim to help you win a fair settlement or jury award for the suffering you and your family have endured.
When you’ve lost a family member, you need to know more than the value of your claim to succeed. State law will also impact your claim, possibly making it difficult to get the total compensation you’re due. A wrong step can cause you to lose part of all your compensation.
For example, you’ll need to act on time to get the compensation you’re due. You only have three years to file a claim for the fatal accident of your loved one. If you wait past this time, you may be unable to get compensated for your family’s loss.
When you’ve lost a loved one, you may have grounds for a lawsuit. But that doesn’t mean you have all the answers. You may need a little more guidance before you’re able to take your claim to court. If you have remaining questions, check out our most commonly asked questions or reach out for a free consultation to learn more about your claim.
Losing a loved one is always difficult, but it doesn’t always lead to a wrongful death claim. In some cases, the accident couldn’t have been stopped. To prove your family is due compensation, you may need to prove the at-fault party was careless, and that carelessness led to the fatal injury. Your lawyer can discuss the details you’ll need for proving you’re due compensation.
Yes, if you lost a child to someone’s negligence, you may have grounds for a lawsuit. Losing your child can impact your mental and emotional health, leaving you and your family suffering because of this loss. Reach out to a wrongful death lawyer for help filing your wrongful death claim as the surviving parent.
Every wrongful death claim is different, which means the amount of time you have for your claim can vary. Your claim may settle within a few weeks, or it may take more than a year to settle your claim. Here’s the good news—your attorney will do whatever it takes to recover the compensation you’re due.
Many people suffering after the wrongful death of a loved one may worry about the financial aspect of a lawsuit. But a wrongful death lawyer works on a contingency fee. That means our pay is contingent on your win—if your claim isn’t successful, you don’t pay anything.
A criminal case and a civil lawsuit have different functions. The criminal case is meant to punish the wrongdoer for their actions but doesn’t offer your family financial relief. Because of this, you may have grounds to sue in civil court following their criminal trial.
Losing a family member is devastating for you and your family. Worse, you may be worried about your financial future and your options for recovering compensation when negligent actions take the life of a family member.
If you’re concerned about getting compensated after losing a family member, reach out to the attorneys at Louthian Law Firm, P.A. We will represent you every step of the way, so you can spend your time recovering from your grief and losses. To start with a free consultation, call 803-454-1200 or fill out the online contact form below.