Losing a loved one in a tragic or unexpected way comes with a different type of grief. While you and your family try to gain closure or make sense of what happened, the Myrtle Beach wrongful death lawyers at The Thumbs Up Guys are here for you whenever you are ready to pursue justice.
Our personal injury lawyers in Myrtle Beach extend our deepest condolences to you at this moment, and offer a free consultation session to evaluate your case for legal damages. If you recently lost someone and suspect that it was due to negligent behavior, speak to us and allow our team to handle the rest.
While we acknowledge that no settlement amount can erase the pain you have endured, it is important to be aware that there is a deadline for filing a wrongful death claim.
Eligibility for Wrongful Death Claim Settlement in South Carolina
Under South Carolina law (SECTION 15-51-20), specific criteria determine who is eligible to receive compensation through a wrongful death claim settlement. These criteria include:
Dependents and Beneficiaries
The surviving spouse and children of the deceased person are typically eligible to receive compensation in a wrongful death claim. If there are no surviving spouse or children, other dependents, such as parents or siblings who relied on the deceased for financial support, may be eligible.
Personal Representative
The personal representative or executor of the deceased person’s estate is responsible for filing the wrongful death claim on behalf of the eligible beneficiaries. The personal representative acts as the legal representative of the estate and pursues the claim to seek compensation for the beneficiaries.
Compensation for Wrongful Death Claimants in South Carolina
In accordance with South Carolina law, eligible claimants may seek various types of compensation related to the death of their loved one, which may include:
- Medical expenses: Compensation can cover the medical expenses incurred during the deceased person’s hospitalization, treatments, and end-of-life care.
- Funeral and burial expenses: The costs associated with the funeral and burial of the deceased person can be recovered through the claim.
- Pain and suffering: Damages may be awarded to compensate for the emotional distress and suffering endured by the surviving family members due to the wrongful death of their loved one.
- Lost wages and benefits: If the deceased person was the primary earner, the claim may seek compensation for the income and benefits that would have been provided by the deceased over their expected lifetime.
- Loss of companionship: Surviving family members may be eligible for compensation to address the loss of companionship, guidance, and support resulting from the wrongful death.
A Myrtle Beach wrongful death lawyer will verify the specific circumstances of your claim that determine the level of compensation awarded. Factors such as the financial dependency on the deceased and the extent of the loss suffered by the surviving family members will be considered in determining the appropriate compensation.
Potential Legal Consequences for Wrongful Death Offenders
The potential legal consequences for individuals responsible for wrongful death vary depending on the jurisdiction and the specific circumstances of the case. The following are common legal consequences:
Civil Liability
In a wrongful death lawsuit, the responsible party may be held civilly liable for the damages caused by the death. This can result in the payment of financial compensation to the surviving family members, including medical expenses, funeral costs, loss of financial support, and emotional distress before the three-year statute of limitations deadline expires.
Criminal Charges
In cases where the death resulted from intentional acts or gross negligence, the responsible party may face criminal charges. These can range from manslaughter to murder, depending on the intent and severity of the actions. If convicted, the individual may face imprisonment, fines, probation, or other penalties determined by criminal law.
Punitive Damages
In some cases, if the responsible party’s actions were particularly reckless, intentional, or malicious, the court may award compensatory damages. Punitive damages go beyond compensatory damages and are intended to send a message that such actions will not be tolerated.
Professional Consequences
If the responsible party is a licensed professional, such as a doctor, lawyer, or driver with a commercial license, they may face professional consequences. This can include license suspension or revocation, loss of professional reputation, and limitations on future employment opportunities.
Remember, the legal consequences can vary depending on the jurisdiction and the specific laws governing wrongful death cases in that jurisdiction. Consulting with an experienced wrongful death attorney can provide insight into the potential legal consequences and help navigate the legal process to seek justice for the loss of a loved one.
Seek Justice With The Thumbs Up Guys – Your Trusted Wrongful Death Attorneys in Myrtle Beach
During this incredibly challenging time of grieving the loss of a loved one, the compassionate team of Myrtle Beach wrongful death lawyers at The Thumbs Up Guys are ready to seek justice and help you find closure. We are prepared to stand by your side.
Contact us to schedule your free consultation. Together, we can work towards obtaining the justice and closure you and your family deserve.