Frequently Asked Questions

Q: What is a wrongful death claim?

A:

A "wrongful death claim" is brought for the benefit of certain family members who have been harmed emotionally and/or financially.  Section 15-51-20 provides that wrongful death claim is for the benefit of :

   1)  benefit of the wife or husband and child or children of the person whose death shall have been so caused;

        and if there isn't a wife/husband, child/childern, then

   2) benefit of the parent or parents; and if there isn't a parent, then

   3)  benefit of the heirs.

Damages payable by the wrongful death claim are measured by the loss to the beneficiaries, including:

   1) financial loss

   2) mental shock and suffering

   3) wounded feelings

   4) grief and sorrow;

   5) loss of society and companionship;