A wrongful death lawsuit in South Carolina seeks to provide surviving family members with a sense of justice, as well as compensation, for the emotional and financial challenges they face after a loved one dies unexpectedly. State law defines a wrongful death as a death caused “by the wrongful act, neglect, or default of another.” It goes on to explain that this type of claim is appropriate when “if death had not ensued, (would) have entitled the party injured to maintain an action and recover damages.” Essentially, it is the personal injury claim the deceased could have pursued had he lived.
Common Causes of South Carolina Wrongful Death Claims
The Centers for Disease Control and Prevention (CDC) reports that there are more than 169,000 unintentional injury deaths every year in the U.S. There are a wide variety of circumstances that can result in an accidental death and a wrongful death claim, but these lawsuits most commonly occur because of:
In 2017, an estimated 40,000 people were killed in a car crash. While not every accident may warrant a wrongful death claim, there are many times when another driver’s negligent behavior directly causes the death. In those cases, surviving family members may be eligible to pursue a wrongful death claim. Drivers who are drunk, fatigued, distracted, or simply reckless can be held accountable for their actions.
Tractor-trailer truck accidents are particularly dangerous, and when crashes occur, it is most often the smaller vehicle passenger who is injured and killed. Drivers and trucking companies may be held responsible for the death when their careless behavior leads to a crash.
Pedestrians have rights to the roadways just as cars, trucks, and other vehicles. However, the South Carolina Highway Patrol reported that one in every five traffic fatalities in 2018 was a pedestrian. In Horry County alone, there were 107 pedestrian accidents. Drivers can be held responsible when they do not adhere to the rules of the road and cause the death of a pedestrian.
In a beach resort town like Myrtle Beach, there is no shortage of fun activities for thrill seekers and those just looking for some active fun. The owners and operators of recreational businesses, however, also have a responsibility to ensure the equipment for the activities they provide are safe. Accidents that occur when boating, jet skiing, parasailing, and at amusement parks can have devastating consequences, and those responsible can be held accountable.
Product liability cases refer to situations when a defective product causes injury or death. Manufacturers, assemblers, and retailers have a duty to bring only safe products to the market, and they can be held accountable when they knowingly fail to uphold their responsibility.
Medical malpractice occurs when a care provider fails to perform his duty fully and appropriately. The general measurement for medical malpractice asks the question of whether or not another doctor, given the same information under similar circumstances, would have made the same decisions about care. This can include unacceptable errors during a surgery or other procedure.
After the death of a loved one, surviving family members may feel overwhelmed. They may want justice for their loved ones and need compensation to help them begin their own recovery, but they may not know where to start.
Has Your Loved One Died To The Negligence Of Others?
If you're loved one has died due someone else's negligence you should speak to a wrongful death attorney as soon as possible. Contact us online or call our Charleston, South Carolina office directly at 843.488.2359 to schedule your consultation. We are also able to meet clients at our Conway, Myrtle Beach, Murrells Inlet, Mt. Pleasant, North Myrtle Beach or North Charleston office locations.