Wrongful Death
Dealing With Loss?
There may be nothing worse in this world than losing a loved one. These cases require the utmost care, compassion,
respect, and understanding as we work intimately with surviving family members. That loss of a loved one is especially
worse when it is the cause of someone else’s negligence.
If you have lost a loved one in an incident, it is
imperative that you speak to an attorney who can compassionately and objectively provide you with the advice you need to
evaluate your wrongful death claims. Get Your Free Consultation
What Is A Wrongful Death Claim?
A claim for wrongful death is a legal action brought by the surviving family members to recover compensation for the
death of their loved one when someone else’s negligence caused the loved one’s death.
-
Who Can Make A Claim?
Under South Carolina law, the law treats a wrongful death lawsuit similar to a personal injury lawsuit where
the deceased files in abstentia. That means the lawsuit is filed by the decedent’s estate in place of the
deceased loved one. Under both South Carolina and California law, the following family member may be able to
recover compensation in wrongful death claims:- Spouse
- Domestic Partner
- Children
- Parents
- Siblings
- Heirs named in the will
In a wrongful death claim, the procedures for filing and handling the claim is much more complex than a car
accident or traumatic brain injury case. However, the basis for the claim is the same – negligence. -
Wrongful Death Compensation
We understand that family is priceless, and no amount of money can replace a loved one. However, under the
law, there are damages that can be recovered in a wrongful death claim. These damages vary depending on the
circumstances but in nearly every case the surviving representatives may recover the following:- Medical expenses related to the deceased loved one’s illness or injuries
- Funeral and burial expenses
- Loss of financial support from the loved one
- Loss of guidance, care, companionship (also called consortium for spouses)
- Loss of household services
- Punitive Damages
Additionally, you may be entitled to damages through survival actions in both California and South Carolina.
-
What Are Survival Actions?
Survival actions are different than wrongful death actions. Survival actions allow an estate to sue for
damages for the injury or damages suffered immediately before the death of the loved one. If the loved one
dies immediately after the fatal injury, it is unlikely there is a survival action. However, if the loved one
survives after the fatal injury even for a moment, the estate may have recoverable survival actions available
from the time of the pain and suffering until the loved one died. -
Pursuing Wrongful Death Cases
Wrongful death claims and survival action claims are extremely time sensitive and case specific cases. If
you’ve lost a loved one due to someone else’s negligence, you deserve get the best representation possible. At
Yanni Law, we never charge for consultations and only take a fee if we win your case. You pay no money up
front and we only take a fee if we win your case. Having the right lawyer in your corner can be the difference
between getting fair compensation for your injuries or taking little to no money that does not represent the
harms and losses you have suffered in the accident. We will fight to get you compensation for pain and
suffering, lost wages, property damage, and more. These cases are subject to strict timelines and statutes of
limitations vary by state and injury type, so it is important that you speak with an attorney as soon as
possible.
