Frequently Asked Questions
How long do I have to file a personal injury claim? What if the driver who hit me is uninsured? Why do I need to hire a personal injury lawyer? We answer these questions and many more in our collection of frequently asked questions. Unlike many websites that provide brief yes-or-no answers to important legal questions like these, we provide detailed answers to help you get a better idea of your rights, your options, and what you can hope for in the future. If your burning questions are not answered here, feel free to connect with us through our website to speak directly with us about your legal concerns.
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What can I do if my family member was killed by a person or a product?
In South Carolina, if a person's death was caused by a negligent act, an intentional act, or a defective product, the personal representative of the deceased can pursue both a "wrongful death action" and a "survival action."
To determine if you have a wrongful death claim, you will need an experienced Personal Injury Lawyer.
SC Wrongful Death Lawyer Dirk Derrick has been in practice since 1991 and has the knowledge and experience to get you the full value of the case.
Call today for your free consultation. 843-248-7486.
Who has the right to bring a "wrongful death claim" and a "survival claim"?
The personal representative of the estate has the right to file a wrongful death claim or a survival claim.
If a personal representative has been appointed, the claim process can start. If not, The Derrick Law Firm can help the right person file the necessary documents in Probate Court to get appointed.
Since 1991, SC Personal Injury Lawyer Dirk Derrick has focused on personal injury law including wrongful death claims, car accidents, workers' compensation, and other insurance based claims.
Voted Best Lawyer in Myrtle Beach and Best Lawyer in Conway, SC, Attorney Derrick has the experience and knowledge to get you the full value of your case.
What is a wrongful death claim?
A wrongful death claim is brought for the benefit of certain family members who have been harmed emotionally and/or financially by the passing of a loved one. When someone is killed by the recklessness and negligence of another's actions, a wrongful death claim is typically actionable.
Section 15-51-20 provides that a wrongful death claim is for:
1. The benefit of the wife, or husband, and child or children, of the person whose death shall have been so caused; and if there is not a wife/husband, child/children, then the
2. Benefit of the parent or parents; and if there is not a parent, then the
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
Typically, in the event of a wrongful death, you will need an experienced Personal Injury Attorney to help facilitate and settle the claim.
If you have suffered the loss of a loved one by another's negligence, contact Myrtle Beach Injury Lawyers at The Derrick Law Firm for a FREE consultation about your potential wrongful death case. 843-248-7486.
Personal Injury Lawyer Dirk Derrick was voted BEST ATTORNEY by the readers of the Horry Independent (2014-2017) and Myrtle Beach Herald (2016-2017) and will use his 29 years of experience to get you the full value of your case.
While The Derrick Law Firm serves the state of South Carolina, there are office locations for your convenience in Myrtle Beach, Charleston, Conway, North Myrtle Beach, Mt. Pleasant, and North Charleston, SC.
What is a "Survival Action?"
If someone dies an untimely death related to another's actions, a survival action may brought for the benefit of the Estate, and includes any damages that the decedent could have sought, had he or she not died.
Therefore, you need to prove negligence, recklessness, or intentional conduct.
The following damages can be obtained in a survival action:
1. Medical bills incurred in the accident;
2. Pain and suffering incurred before death; and
3. Possibly punitive damages if the at-fault party was reckless or acted intentionally.
If you lost a loved one due to another's actions, you may have a wrongful death and survival action claim. Contact Myrtle Beach Personal Injury Lawyer Dirk Derrick for a free consultation. 843-248-7486.