While everyone is expected to die someday, it’s still tough to process the loss of a loved one. It’s even worse when they die unexpectedly due to someone else’s mistake.
The wrongful death law in South Carolina is governed by the South Carolina Code of Laws, Title 15, Chapter 51, also known as the South Carolina Wrongful Death Act. Under this law, certain family members of the deceased person may be eligible to file a wrongful death claim. Unfortunately, wrongful death cases are pretty common in Myrtle Beach, which has led to a set of complex wrongful death laws in South Carolina. If you happen to be a resident of Myrtle Beach, it is advisable to consult a wrongful death attorney in Myrtle Beach, South Carolina, if you lose a loved one to someone else’s negligence or wrongful act.
What Exactly Is a Wrongful Death?
Before you file a wrongful death claim, you must understand what it means. A wrongful death is a death caused by the wrongful act or negligence of another person. Here are a few examples of wrongful deaths:
- Fatal occupational injuries: According to the BLS, there were more than 107 fatal work-related injuries in South Carolina in 2021. Most of these deaths can be blamed on the negligence of the employers by subjecting the victims to hazardous work conditions.
- Death after an operation by a negligent doctor: When your loved one dies due to a doctor’s mistake, such as operating on them carelessly or prescribing harmful medication.
- Car crash: If your loved one died in a car crash or a bike accident caused by someone else’s negligence, the at-fault party is responsible for the wrongful death.
- Murder: If someone is found to be guilty of murdering your loved one, you can sue them for wrongful death.
Why it’s Important to Work With a Wrongful Death Attorney
It’s tough to deal with a wrongful death case while mourning your loved one. Let’s look at why it’d be easier to let lawyers handle your wrongful death case.
While you can’t put a price on human life, courts try to award enough compensation to try and fill the financial gaps left by the deceased, especially to the dependents. Therefore, insurance companies invest in experienced lawyers to help them fight to reduce compensation.
An experienced attorney understands these insurance tactics and will help you defend your case. This will ensure that you receive the compensation you deserve.
Wrongful Death Laws Can Be Confusing
Wrongful death laws can be confusing for anyone who hasn’t dealt with wrongful death cases. First and foremost, only close relatives of the deceased can file the wrongful death claim. However, some exemptions can be made depending on the circumstances of the case. This can be confusing if the deceased had several or no dependents.
An experienced attorney can advise on who is best placed to file the wrongful death claim. This will give the case a higher chance of success.
Wrongful Death Complainants Are Usually Grieving
The period after losing a loved one is tough and agonizing. You have to deal with the realization that the person will no longer be part of your life while informing and consoling other people who were close to them.
A wrongful death lawsuit can be filed by the deceased’s spouse, children, heirs, or their estate representative. These are all people who had a close connection to them and are probably still in mourning.
As a grieving relative, negotiating a wrongful death claim might not be advisable because you might feel like you’re putting a price tag on your lost loved one. You might also not be in the emotional position to gather evidence and present it in court.
Working with a wrongful death attorney allows you to go through the grieving process peacefully as they take care of all the intricate case details. A good wrongful death attorney will build a strong case for your loved one and ensure you get the compensation you deserve.
To Wrap it Up
The death of a loved one is tragic and often unexpected. However, if it was caused by someone’s negligence, it’s your right to seek compensation for the damages caused by the wrongful death.
Working with an experienced attorney can give you the confidence you need to win a wrongful death case and take charge of the financial responsibilities left by the deceased.