A wrongful death is when someone is killed by a negligent or intentional act. The at fault party can be a person or a corporation. These cases arise from a number of different circumstances. I've handled wrongful death cases for families arising out of motorcycle accidents, car and truck accidents, jet ski accident, defective products, as well as pedestrians being killed while walking an riding bikes. In South Carolina, a wrongful death actually gives rise to 2 separate claims. The personal representative of the estate brings both of these claims.
The first is the wrongful death claim which is for the benefit of specific family members that have been injured both emotionall and financially by the death of their relative.
The second claim is the "survival action" which is actually brought for the benefit of the estate of the person killed. This claim is for damages incurred by the person killed, such as medical expenses and conscious pain and suffering before his or her death.
These are bad cases. People are mourning and are often angry at the person or corporation that killed their relative and no amount of money will take away the pain. However, it gives me personal satisfaction to obtain funds to be set aside for children or spouses who have lost an income producing relative and know that, at least, they will have some financial assistance that should have been coming from that parent or spouse who was prematurely taken away.
Awarded: $ 1,200,000.00
Awarded: "$175,000"
Awarded: "Policy Limits"
Awarded: Policy Limits
Awarded: "Confidential"
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