What is a wrongful death lawsuit?

Wrongful death is the term used when a person has died due to the deliberate, reckless, or negligent actions of another. Such lawsuits are brought by the deceased's family members or representatives of the deceased's estate. Overall, the purpose of a wrongful death lawsuit is to compensate family members who have suffered financially and emotionally from the death. Typically, wrongful death may occur as a result of medical malpractice, automobile accidents, on-the-job injuries, or criminal attacks.

Who can file a wrongful death lawsuit?

Generally speaking, immediate family members of the deceased, such as parents, spouses, or children, can bring wrongful death claims (minors may need an adult guardian to bring a suit to court).

How are family members compensated for their loss in a wrongful death claim?

Damages awarded in wrongful death settlements or jury verdicts attempt to compensate for the current and the future financial and emotional costs to the deceased's family. These damages include:

	Medical bills and funeral costs
	Lost wages, including future earnings
	Lost benefits
	Pain and suffering
	Mental anguish
	Loss of support or companionship
	Punitive damage (for willful, wanton, reckless, or intentional conduct)

Damages in the form of medical bills and funeral costs are the least difficult to calculate by totaling those sums incurred (regardless of any payments made by an insurance company). Lost future earnings and benefits are more difficult to calculate and require a determination of the anticipated lifespan and earnings of the deceased.

Pain and suffering, mental anguish, and loss of companionship are the most difficult damages to calculate. Such damages are, of course, subjective and unique to each person's sense of loss.

A final area of damages is punitive damages which are awarded to punish the person or the entity causing the death if they acted willfully, wantonly, recklessly, or intentionally.

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If you have lost a family member due to the negligence of another, call the Futeral Law Firm locally at (843) 284-5500, toll free at (877) 913-5500, or email info@charlestonlaw.net.

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Disclaimer

The contents of this web site are for informational purposes regarding legal issues in South Carolina and are not intended to convey detailed legal advice on specific issues. Transmission of the information contained in this site or any sites linked hereto is not intended to create, and receipt does not constitute, an attorney-client relationship. Our attorneys practice law only in jurisdictions we are properly authorized to do so and do not seek to represent anyone in any jurisdiction where this site does not comply with applicable laws and bar rules. The attorneys of the Futeral Law Firm are licensed to practice law in the State of South Carolina. Readers should not act upon the information contained in this site without first seeking the advice of an attorney licensed to practice in your area.

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